If the defendant files his motion to dismiss after he has served his answer and the court grants it, the plaintiff must be given leave from the court to amend its complaint. In other words, it is no longer entitled to an automatic amendment because the defendant has made a responsive pleading.
If the complaint is so vague and incomprehensible that the defendant cannot reasonably make sense of it, he may file a Rule 12(e) motion asking for a more definite statement. If the court grants this motion the plaintiff will have 10 days in which to cure the alleged defects. If the plaintiff fails to do so then the court will strike the pleading to which the motion was directed or make an order that it deems just.
The defendant may also file a Rule 12(f) motion to strike material from the complaint that is redundant, immaterial, impertinent, or scandalous. However, most courts are wary to grant such motions, instead relying on the plaintiff’s later ability to plead certain facts with the required specificity. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.