After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on such motion, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided for in Rule 56, and all parties shall be given reasonable opportunity to present all materials made pertinent to such a motion by Rule 56.
Rule 12.03.Motion for judgment on the pleadings.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 12.03 allows any party, after the pleadings are closed but early enough not to delay trial, to move for judgment on the pleadings, and converts that motion into one for summary judgment under Rule 56.01 if outside materials are considered.
Full Text of Rule 12.03
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Once every pleading in a case has been filed -- complaint, answer, any reply or cross-claim response -- a party can ask the court to rule based on those pleadings alone, without going to trial. That's a motion for judgment on the pleadings under Rule 12.03. It has to be filed early enough that it won't delay the trial.
As with a Rule 12.02 motion to dismiss, if either side brings in material outside the pleadings and the court doesn't exclude it, the motion turns into a summary judgment motion under Rule 56.01, and both sides get a reasonable opportunity to submit the kind of evidence Rule 56.01 permits.
Frequently Asked Questions
What is a motion for judgment on the pleadings in Kentucky?
It's a motion under Rule 12.03 asking the court to decide the case, or part of it, using only the pleadings already filed -- without discovery or trial. Any party can file it once the pleadings are closed, as long as filing it won't delay the trial.
What's the difference between a motion to dismiss and a motion for judgment on the pleadings in Kentucky?
A motion to dismiss under Rule 12.02 is typically filed before an answer, raising defenses like lack of jurisdiction or failure to state a claim. A motion for judgment on the pleadings under Rule 12.03 comes later, after all the pleadings are closed, and asks the court to rule based on the full pleadings.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 12.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: judgment on the pleadings KentuckyCR 12.03motion after pleadings closeddispositive motion before trial