Columbia law school

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Civil Procedure > Pleading & Practice > Defenses, Demurrers, & Objections > Motions to Dismiss

[HN1] It is well-settled that the sole function of a motion to dismiss is to test the sufficiency of the complaint. When ruling on a R.I. Super. Ct. R. Civ. P. 12(b)(6) motion, a trial justice must look no further than the complaint, assume that all allegations in the complaint are true, and resolve any doubts in a plaintiff's favor. When it appears clear beyond a reasonable doubt that plaintiff would not be entitled to relief under any set of facts, a motion made pursuant to R.I. Super. Ct. R. Civ. P. 12(b)(6) should be granted.

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