Pleadings and Motions
Dispositive Motions
Rule 12(b) lists seven grounds: lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service, failure to state a claim, and failure to join a required party.
Some are waived if omitted from the first motion.
Alternative Names:
Rule 12(b) Motions, Threshold Defenses
Why it Matters?
The waiver structure is what requires attention, since personal jurisdiction, venue, process, and service defenses are waived if omitted from an initial Rule 12 motion or the answer. Subject matter jurisdiction can be raised at any time, and failure to state a claim survives until trial. Filing a motion raising only failure to state a claim while holding a jurisdiction defense forfeits it entirely.
Frequently Confused with
Related terms
Frequently asked questions
Which defenses are waived if omitted?
Which survive?
