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Legal Memorandum: Motion to Dismiss in VI

Issue: Under the laws of the Virgin Islands, what is the standard governing a motion to dismiss under Rule 12(c)?

Area of Law: Litigation & Procedure
Keywords: Motion to dismiss; Facts alleged
Jurisdiction: Virgin Islands
Cited Cases: None
Cited Statutes: Rule 12(c)
Date: 11/01/2008

In deciding a motion to dismiss, the court must accept as true the facts alleged in the complaint and must liberally construe them, drawing all reasonable inferences in the plaintiff’s favor.  Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993); Etienne v. Oyake, 347 F. Supp. 2d 215, 219 (D.V.I. 2004).  With few exceptions, the court may consider only the facts alleged within the four corners of the complaint.  In re Rockefeller Ctr. Props., Inc. Sec. Litig., 184 F.3d 280, 287-88 (3d Cir. 1999); Bostic v. AT&T of V.I., 166 F. Supp. 2d 350, 354 (D.V.I. 2001).  If the court considers matters outside the complaint, it must dispose of the motion under the provisions of Rule 56, and provide each party with notice and an opportunity to respond accordingly.  In re Rockefeller, 184 F.3d at 287-88. 

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