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))...
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- Spring '08
- Federal Rules of Civil Procedure, pre-answer motion, previously filed Answer