12. Pre-Answer/Post-Answer Motions

Question 1

Who can make pre-answer motions?

Answer 1

Defendant

Question 2

When can pre-answer motion be made?

Answer 2

Before own pleading

Question 3

What can pre-answer motions to dismiss be based upon? When must they be made?

Answer 3

Any time
- Lack of SMJ

Before/At trial

• Failure to state claim
• Failure to join party

First answer/pre-answer motion

• Lack of PJ
• Insufficient service of process
• Insufficient venue

Question 4

What can pre-answer motions to strike be based upon?

Answer 4

Insufficient defence
Redundancy
Immaterial issue
Scandalous issue

Question 5

What can pre-answer motions for more definite statement be based upon?

Answer 5

Vague statements

Question 6

What type of post-answer motion can be made?

Answer 6

Motion for judgment on pleadings

1) Based on pleading (NOT issues)
2) Made w/o delay