Exhibits Attached to a Complaint Cannot Be Considered When Ruling on a 12(B)(6) Motion
Procedure
February 17, 2011
On February 15, 2011, the Indiana Court of Appeals held that a trial court converted a motion to dismiss under Trial Rule 12(B)(6) to a motion for summary judgment under Trial Rule 56 when it considered exhibits attached to the plaintiff's complaint in Wise v. Hays, Case No. 76A03-1006-PL-323. The Court then ultimately concluded that the trial court erred when granting that motion for summary judgment, but this ultimate conclusion is not as interesting as the procedural aspects of this case.
Lessons:
On February 15, 2011, the Indiana Court of Appeals held that a trial court converted a motion to dismiss under Trial Rule 12(B)(6) to a motion for summary judgment under Trial Rule 56 when it considered exhibits attached to the plaintiff's complaint in Wise v. Hays, Case No. 76A03-1006-PL-323. The Court then ultimately concluded that the trial court erred when granting that motion for summary judgment, but this ultimate conclusion is not as interesting as the procedural aspects of this case.
Lessons:
- A court cannot consider the exhibit attached to a complaint without converting a Rule 12(B)(6) motion to a motion for summary judgment.
Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
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