Rule 12(e) motions for a more definite statement are due before serving a responsive pleading. Therefore, they are due no more than twenty-one (21) days after the pleading to which they pertain is served. If no responsive pleading is due, Rule 12(e) motions for a more definite statement are not contemplated. Fed. R. Civ. P. 12(e).
A motion for more definite statement may be used in addition, or in the alternative, to a 12(b)(6) motion. A defendant may make a motion for a definite statement of a complaint to which an answer is allowed, but which is so vague or ambiguous that the defendant cannot reasonably prepare a response.
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