Record mismatch
A posture mismatch in which a proposition describing what an evidentiary record contained is cited in a proceeding where the court may not consider a record, such as a motion confined to the pleadings.
First used in Right Law, Wrong Stage
Standard mismatch concerns the test. Record mismatch concerns the material the test is applied to.
A motion under Rule 12(b)(6) is confined to the pleadings and matters properly considered with them, and Rule 12(d) requires the court to treat it as a summary judgment motion if outside matters are presented and not excluded. The rule draws the boundary precisely because the two stages operate on different material.
A case decided on a developed record carries that record into its reasoning. When it says a plaintiff "offered no evidence" of an element, it describes a record. Cited at the pleading stage, the statement asserts something the movant cannot establish there, and it invites the court to weigh an absence of evidence that no party has yet been required to produce.