Timing of Pre-Answer Motions

Question 1

Lack of SMJ

Answer 1

May be raised at any time, even on appeal.

Question 2

Lack of PJ

Answer 2

Waived if not raised by the FIRST Rule 12 motion or answer (whatever is filed first).

Question 3

Improper Venue

Answer 3

Waived if not raised by the FIRST Rule 12 motion or answer (whatever is filed first).

Question 4

Insufficiency of Process

Answer 4

Waived if not raised by the FIRST Rule 12 motion or answer (whatever is filed first).

Question 5

Insufficiency of Service of Process

Answer 5

Waived if not raised by the FIRST Rule 12 motion or answer (whatever is filed first).

Question 6

Failure to State a claim upon which relief can be granted

Answer 6

May be raised at any time before or AT trial.

Question 7

Failure to join a party under Rule 19

Answer 7

May be raised at any time before or AT trial.