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Failure to state a claim upon which relief can be granted!

Cincinnati, OH |

Means to state your case and have enough exhibits that if a general person read it, they should conclude based on the complaint the defendant is liable for damage to the plaintiff. Mere conclusions or thoughts of the actions of a defendant and no real connection that the defendant is liable will no survive rule 26b?

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Attorney answers 4

Best Answer

You do not indicate why you are asking this question. Do you have a case pending? Do you have an attorney. This should not be a difficult threshold to overcome if you have a valid claim.


I've seen too many pro se plaintiffs' claims dismissed due to defendant's pre-trial motions such as this, so retain a local lawyer so this does not happen to you.

Michael Lewis Eisner

Michael Lewis Eisner


In the medical malpractice setting, Ohio requires an affidavit of merit from an expert. Generally, this must be filed with the complaint. Your advice is strong, and in the med mal setting, handling a case pro se is an even bigger recipe for disaster than a general tort claim.


Faulure to state a claim upon which relief can be granted is grounds for a motion to dismiss. Requires review of the complaint to determine that averments in every cause of action sufficiently make out a valid recognizable claim. Here's more on motions to dismiss and dispositive motions: [Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


The context is unclear. However, assuming this is a civil/commercial dispute between private parties, a motion to dismiss for failure to state a claim upon which relief can be granted is typically filed by a defendant in lieu of filing an answer to a complaint when the plaintiff fails to plead a viable (i.e., legally recognized claim) for relief.

In a nutshell, this means that accepting all of the plaintiff's allegations as true, there is no recognized claim for relief under the law. In Federal court, this is typically accomplished by a Rule 12(b)(6) motion filed by the defendant. All state courts have similar rules permitting this type of motion to be filed.

However, sometimes courts are charged with "screening" the complaint. For example, in pro se prisoner civil rights cases, courts screen prisoner complaints and issue appropriate orders dismissing one or more of claims (or the entire complaint) and/or directing one or more of the defendants to answer the complaint.

Generally, litigants will plead facts to support a plausible claim for relief accompanied by separate counts which recite the elements of a legally-recognized cause of action.

Exhibits are typically unnecessary unless a local court rule require them to be filed (e.g., a local court rule may require a contract to be attached as an exhibit to the complaint in a breach of contract action). A challenge regarding the sufficiency of evidence usually occurs at a later stage, such as a motion for summary judgment which tests, in part, whether there is sufficient evidence to permit a reasonable trier of fact to rule in one's favor at trial. These motions typically include exhibits, e.g., evidence produced during discovery such as affidavits, records, and transcripts of depositions.

This response is for informational purposes only and does not constitute legal advice. No attorney-client relationship is intended nor created by this response.