Berk v. Choy · ¶68

Enter Rule 12. As the majority correctly explains, Rule 12(b)(6) provides the “only . . . ground for dismissal based on the merits,” and Rule 12(d) prohibits courts from considering “ `matters outside the pleadings' ” in deciding motions to dismiss brought under Rule 12(b)(6). Ante, at 193; see also Stanley v. City of Sanford, 606 U. S. 46, 49 (2025) (explaining that, under Rule 12(d), a judge considering a motion to dismiss must “take as true the well-pleaded facts in the plaintiff 's complaint, . . . and [must] not consider evidence beyond that pleading”). Furthermore, by all accounts, the affidavit required by Delaware's law is a “matte[r] outside the pleadings.” Rule 12(d); see ante, at 194 (“It is true . . . that an affidavit of merit is a document separate from the `pleading' ”).

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