Failure to State a Claim

Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy.

Failure to state a claim is frequently raised as a defense in civil litigation. In some jurisdictions, such as California, the defense is called a demurrer. The successful invocation of this defense will result in the dismissal of the case.

Courts will not dismiss a complaint in which the plaintiff has a legal basis for a claim but has made a technical error that renders the complaint invalid. In such a case, courts allow the petitioner to amend the complaint.

The defense of failure to state a claim is provided for in Federal Rule of Civil Procedure 12(b)(6) and in similar state court rules. Rule 12(b) states that defenses should be presented in the defendant's response to the complaint. However, the rule allows some defenses to be asserted in a separate motion to the court, including the defense that the plaintiff does not state a claim upon which relief can be granted. The purpose of these exceptions is to allow a defendant to respond to procedural flaws in the filing of the complaint without responding to the merits of the case. Allowing the defendant to respond in a separate motion also allows the court to dismiss quickly civil claims that are without legal merit.