Are "mooted" motion(s) a part of the record for hearing FRCP 12(c) motions?

Can a party incorporate their previous motion(s) to dismiss into their current motion to dismiss even though those previous motions have been ruled "moot" because of an amended complaint?

If the previous motion(s) were ruled "moot" and never responded to, what would be the purpose of allowing them to be a part of the record for a motion to dismiss on the pleadings aka FRCP 12(c)?


Federal Rule of Civil Procedure 12(c) states:

(c) Motion for Judgment on the Pleadings. After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.

The Court cannot consider moot motions. You need to cut and paste arguments made before the previous motions were mooted into your new motion or response to motion and if you fail to do so, your argument need not be considered. Arguably, you could incorporate the prior motion by reference and make it an exhibit to the new motion, but that would be bad form.

  • What you say makes perfect sense I just have not found it in any rules or essays. oh thanks willeke – j. howdee Nov 2 '17 at 18:10

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