AMENDED 12b defenses[1] - unless Amendment is filed as a...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
H OW AND W HEN TO P LEAD THE R ULE 12(b) D EFENSES Is the defense 12(b): (2) Lack of personal jurisdiction? (3) Improper venue? (4) Insufficient process? (5) Insufficient service of process? Yes No Then any and/or all of these defenses must be presented either: In one motion filed with the court before ) ’s Answer is due; or, if ) chooses not to file a pre-answer motion , In ) ’s Answer (but these defenses cannot be filed in ) ’s Answer if ) has filed a pre-answer motion that omitted any such defenses) If ) fails to do either of the above, then ) waives such defenses (i.e., ) cannot assert them in a post-answer motion, a Motion for Judgement on the Pleadings (12(c)), or at trial Also, ) cannot amend a previously filed Answer to include such defenses
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: unless Amendment is filed as a matter of course pursuant to Rule 15(a)(1)(B) Is the defense 12(b): (6) Failure to state a claim upon which relief can be granted? (7) Failure to join a party under Rule 19? Yes No Then ) may raise either (or both) defense(s): In a pre-answer motion (along with those defenses above (12(b)(2-5)); In its Answer, regardless of whether it filed a pre-answer motion; In a 12(c) motion (Motion for Judgment on the Pleadings); or At trial Is the defense 12(b): (1) Lack of subject matter jurisdiction? Yes No Then ) may raise the defense at any time in any manner Defense is not subject to Rule 12, but ) may need to plead as affirmative defense (Rule 8(c))...
View Full Document

This note was uploaded on 04/18/2008 for the course CRIMINAL J 1001 taught by Professor Smith during the Spring '08 term at University Of Southern Mississippi .

Ask a homework question - tutors are online