FEDERAL RULES OF CIVIL PROCEDURE
Articles III-Rule 12

FEDERAL RULES OF CIVIL PROCEDURE

ARTICLE III-PLEADINGS AND MOTIONS

Rule 12. Defenses and Objections--When and How
Presented--By Pleading or Motion--Motion for Judgment on
the Pleadings

(a) When Presented.

(1) Unless a different time is prescribed in a statute of the United States, a
defendant shall serve an answer

(A) within 20 days after being served with the summons and complaint, or

(B) if service of the summons has been timely waived on request under Rule
4(d) , within 60 days after the date when the request for waiver was sent, or
within 90 days after that date if the defendant was addressed outside any
judicial district of the United States.

(2) A party served with a pleading stating a cross-claim against that party shall
serve an answer thereto within 20 days after being served. The plaintiff shall
serve a reply to a counterclaim in the answer within 20 days after service of
the answer, or, if a reply is ordered by the court, within 20 days after service
of the order, unless the order otherwise directs.

(3)

(A) The United States, an agency of the United States, or an officer or
employee of the United States sued in an official capacity, shall serve an
answer to the complaint or cross-claim - or a reply to a counterclaim - within
60 days after the United States attorney is served with the pleading asserting
the claim.

(B) An officer or employee of the United States sued in an individual capacity
for acts or omissions occurring in connection with the performance of duties on
behalf of the United States shall serve an answer to the complaint or
cross-claim - or a reply to a counterclaim - within 60 days after service on the
officer or employee, or service on the United States attorney, whichever is
later.

(4) Unless a different time is fixed by court order, the service of a motion
permitted under this rule alters the periods of time as follows:

(A) if the court denies the motion or postpones its disposition until the trial on
the merits, the responsive pleading shall be served within 10 days after notice
of the court's action; or

(B) if the court grants a motion for a more definite statement, the responsive
pleading shall be served within 10 days after the service of the more definite
statement.

(b) How Presented.

Every defense, in law or fact, to a claim for relief in any pleading, whether a
claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the
responsive pleading thereto if one is required, except that the following
defenses may at the option of the pleader be made by motion: (1) lack of
jurisdiction over the subject matter, (2) lack of jurisdiction over the person,
(3) improper venue, (4) insufficiency of process, (5) insufficiency of service of
process, (6) failure to state a claim upon which relief can be granted, (7)
failure to join a party under Rule 19 . A motion making any of these defenses
shall be made before pleading if a further pleading is permitted. No defense or
objection is waived by being joined with one or more other defenses or
objections in a responsive pleading or motion. If a pleading sets forth a claim
for relief to which the adverse party is not required to serve a responsive
pleading, the adverse party may assert at the trial any defense in law or fact
to that claim for relief. If, on a motion asserting the defense numbered (6) to
dismiss for failure of the pleading to state a claim upon which relief can be
granted, matters outside the pleading are presented to and not excluded by
the court, the motion shall be treated as one for summary judgment and
disposed of as provided in Rule 56 , and all parties shall be given reasonable
opportunity to present all material made pertinent to such a motion by Rule 56
.

(c) Motion for Judgment on the Pleadings.

After the pleadings are closed but within such time as not to delay the trial,
any party may move for judgment on the pleadings. If, on a motion for
judgment on the pleadings, matters outside the pleadings are presented to
and not excluded by the court, the motion shall be treated as one for summary
judgment and disposed of as provided in Rule 56 , and all parties shall be
given reasonable opportunity to present all material made pertinent to such a
motion by Rule 56 .

(d) Preliminary Hearings.

The defenses specifically enumerated (1)-(7) in subdivision (b) of this rule,
whether made in a pleading or by motion, and the motion for judgment
mentioned in subdivision (c) of this rule shall be heard and determined before
trial on application of any party, unless the court orders that the hearing and
determination thereof be deferred until the trial.

(e) Motion For More Definite Statement.

If a pleading to which a responsive pleading is permitted is so vague or
ambiguous that a party cannot reasonably be required to frame a responsive
pleading, the party may move for a more definite statement before
interposing a responsive pleading. The motion shall point out the defects
complained of and the details desired. If the motion is granted and the order
of the court is not obeyed within 10 days after notice of the order or within
such other time as the court may fix, the court may strike the pleading to
which the motion was directed or make such order as it deems just.

(f) Motion To Strike.

Upon motion made by a party before responding to a pleading or, if no
responsive pleading is permitted by these rules, upon motion made by a party
within 20 days after the service of the pleading upon the party or upon the
court's own initiative at any time, the court may order stricken from any
pleading any insufficient defense or any redundant, immaterial, impertinent,
or scandalous matter.

(g) Consolidation of Defenses in Motion.

A party who makes a motion under this rule may join with it any other
motions herein provided for and then available to the party. If a party makes
a motion under this rule but omits therefrom any defense or objection then
available to the party which this rule permits to be raised by motion, the party
shall not thereafter make a motion based on the defense or objection so
omitted, except a motion as provided in subdivision (h)(2) hereof on any of
the grounds there stated.

(h) Waiver or Preservation of Certain Defense

(1) A defense of lack of jurisdiction over the person, improper venue,
insufficiency of process, or insufficiency of service of process is waived (A) if
omitted from a motion in the circumstances described in subdivision (g), or (B)
if it is neither made by motion under this rule nor included in a responsive
pleading or an amendment thereof permitted by Rule 15(a) to be made as a
matter of course.

(2) A defense of failure to state a claim upon which relief can be granted, a
defense of failure to join a party indispensable under Rule 19 , and an
objection of failure to state a legal defense to a claim may be made in any
pleading permitted or ordered under Rule 7(a) , or by motion for judgment on
the pleadings, or at the trial on the merits.

(3) Whenever it appears by suggestion of the parties or otherwise that the
court lacks jurisdiction of the subject matter, the court shall dismiss the action.

Federal Rules of Civil Procedure Articles III  Rule 12. Defenses and Objections--When and How Presented--By Pleading or
Motion--Motion for Judgment on the PleadingS: Notes


Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII

Federal Rules of Civil Procedure Articles III  Rule 12. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
Federal Rules of Civil Procedure Articles III Rule 11. Signing of Pleadings, Motions, and Other Papers;Representations to Court; Sanctions