In Re Marriage of Durie

Summary

The court held that a post-decree motion under Rule 16.2(e)(10) is a motion rather than a pleading, so the pleading-based dismissal rule and plausibility standard do not apply. Such a motion must state its grounds with particularity, may include allegations based on information and belief when the movant lacks direct knowledge, and does not create an automatic right to discovery. The court affirmed the appellate judgment on partly different grounds and remanded for discovery and a determination whether a hearing should be held.