Is discovery required in a motion to dismiss?

On March 5, 1984, the district court filed an order, which stayed discovery pending the disposition of the motions to dismiss, on the ground that discovery was "not required to address the issues raised by defendants' motions to dismiss." A district court's decision to allow or deny discovery is reviewable only for abuse of discretion. Munoz-Santana v. INS, 742 F.2d 561, 562 (9th Cir.1984).

The district court did not abuse its discretion here. Discovery is only appropriate where there are factual issues raised by a Rule 12(b) motion. Rae v. Union Bank, 725 F.2d 478, 481 (9th Cir.1984). A review of the district court's order dismissing the complaint indicates that the district court accepted the facts alleged by the appellants as true, but found them deficient as a matter of law. Therefore, since the appellants' complaint did not raise factual issues that required discovery for their resolution, the district court did not abuse its discretion in staying discovery pending a hearing on the motion to dismiss.