Wait for all initial pleadings to be filed and served by all parties to a lawsuit. This includes the complaint as well as answers by all defendants to the case.
Present a written argument to the court, with a copy to the opposing side, stating why the other party is unable to win even if all of the facts they present are true. Since the purpose of a trial is for a jury to determine which accounting of facts are true, a court can dispense with a trial and enter judgment for a defendant if all facts presented by the plaintiff show that the plaintiff can not win even if their facts are true.
Argue that any disputes of fact that may exist are not material to the outcome of the case. Parties often do not agree on all facts in a case; however, this may not preclude a judgment on the pleadings if the facts are not controlling to the outcome of the case.
File the motion for judgment on the pleadings as early as possible in the processing of the case. Many court rules will not allow for the filing of such a motion if it would cause a delay in a scheduled trial.
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