This preview shows page 1. Sign up to view the full content.
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 .
- Spring '08