Federal Rule of Civil Procedure 12(e) allows a party to move for a more definite statement when a pleading is so vague or ambiguous that the responding party cannot reasonably prepare a response. The motion must identify the defects in the pleading and specify the details desired.
A Rule 12(e) motion must be made before serving a responsive pleading. Fed. R. Civ. P. 12(e). When a responsive pleading is required, the practical deadline for filing a Rule 12(e) motion therefore corresponds to the deadline for serving the responsive pleading, which is generally twenty-one (21) days after service of the pleading under Federal Rule of Civil Procedure 12(a).
A Rule 12(e) motion may be directed only at a pleading to which a responsive pleading is allowed. Fed. R. Civ. P. 12(e).
A motion for a more definite statement is used when a complaint or other pleading is so vague or ambiguous that the responding party cannot reasonably prepare a response. Instead of immediately responding to the pleading, the responding party asks the court to require the opposing party to clarify the allegations.
Rule 12(e) motions are often filed in conjunction with other Rule 12 motions, including motions to dismiss under Rule 12(b)(6). If the court grants a Rule 12(e) motion, the court may order the pleading to be amended and set a deadline for filing a clarified pleading.
Rule 12(e) motions are closely related to other pre-answer motions, including Rule 12(b) motions and motions to strike under Rule 12(f).