Legal Question in Civil Litigation in North Carolina

Re: Rule 12b6

The rule basically means that even if we assume all of the allegations were true, that the claim should be dismissed. The statute of limitations is one example where this rule might apply. For example, if you alleged that the Defendant injured you 20 years ago, and the statute of limitations is 3 years, then the claim should be dismissed under Rule 12(b)(6). It can also be where there simply is no claim in the first instance. If, for example, you sue the government, the government may have immunity which clearly bars the claim. There are other examples as well, but basically it means that the Complaint itself either shows that the claim cannot be maintained, or fails to properly allege a claim.