Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law
University of Michigan Law School
Articles 1 - 1 of 1
Full-Text Articles in Law
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
Integrated Pretrial Attack On A Pleading: A Critical Evaluation Of Michigan's New Summary Judgement Rule, Carl S. Hawkins, Brett R. Dick
University of Michigan Journal of Law Reform
Modern procedural reforms reflect diminished confidence in the demurrer or "no cause" motion as a device to dispose of non-meritorious claims before trial. The Federal Rules of Civil Procedure, setting the pattern of reform for many states, abolished the demurrer. Although a preliminary attack upon the legal sufficiency of the complaint is still permitted by a motion to dismiss under Federal Rule 12 (b) (6), the challenged pleading may be amended as a matter of course, to minimize the risk that a good claim might be lost because it was poorly pleaded. The risk that sham amendments might then be …