12

Question 1

12(b) defenses

Answer 1

(1) Subject matter jurisdiction
(2) Personal Jurisdiction
(3) Improper Venue
(4) Improper Process
- summon and copy of complaint
(5) Improper Service of Process
(6) Failure to State a Claim
(7) Failure to join indispensable party under rule 19

Motion to dismiss or in your answer

Question 2

12g and 12h

Answer 2

(1) Rule 12(b)(2) ,(3), (4) and (5) must be put in your FIRST rule 12 response (these are procedural, helps efficiency if waived)

OR else waived

(2) 12b(6) and (7) Raise for first time any time through trial (merits are fundamentally challenged with these, sacrifice efficiency but worth it)

(3) 12(b)(1) is never waived

Question 3

Answer

Answer 3

Is a pleading

(1) 8(b) defendant must respond to the complaint (line by line)
- Admit
-Deny
- “lack sufficient knowledge” 8(b)(5)
Failure to deny constitutes an ADMISSION on any allegation except damages

When D says” P has no facts or can not prove it”
- D admitted b/c he didn’t deny

Question 4

Affirmative defense

Answer 4

Put it in answer or its waived