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New page: Rule 12(h) of the Federal Rules of Civil Procedure sets forth which defenses are waived if not asserted immediately in federal litigation, and how other defenses that are not waive...

Rule 12(h) of the [[Federal Rules of Civil Procedure]] sets forth which defenses are waived if not asserted immediately in [[federal]] litigation, and how other defenses that are not waived may be asserted. Specifically, Rule 12(h) mandates that:

(h) Waiving and Preserving Certain Defenses.
(1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)-(5) by:
(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or
(B) failing to either:
(i) make it by motion under this rule; or
(ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.
(2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised:
(A) in any pleading allowed or ordered under Rule 7(a);
(B) by a motion under Rule 12(c); or
(C) at trial.
(3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.
[[category:law]]
[[category:venue]]

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Rule 12(h) (view source)

Revision as of 01:18, January 30, 2008