Rule 12 — Defenses and Objections: When and How Presented; Mo- tion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Fed. R. Civ. P. 12

• Source: Federal Rules of Civil Procedure
• Rule: 12
• TITLE III: PLEADINGS AND MOTIONS
• Citation: Fed. R. Civ. P. 12

Text

(a) TIME TO SERVE A RESPONSIVE PLEADING. Unless another time
is specified by a federal statute, the time for serving a responsive
pleading is as follows:
(1) In General.
(A) A defendant must serve an answer:
(i) within 21 days after being served with the sum-
mons and complaint; or
(ii) if it has timely waived service under Rule 4(d),
within 60 days after the request for a waiver was sent,
or within 90 days after it was sent to the defendant
outside any judicial district of the United States.
(B) A party must serve an answer to a counterclaim or
crossclaim within 21 days after being served with the
pleading that states the counterclaim or crossclaim.
(C) A party must serve a reply to an answer within 21
days after being served with an order to reply, unless the
order specifies a different time.
(2) United States and Its Agencies, Officers, or Employees Sued
in an Official Capacity. The United States, a United States
agency, or a United States officer or employee sued only in an

official capacity must serve an answer to a complaint, coun-
terclaim, or crossclaim within 60 days after service on the
United States attorney.
(3) United States Officers or Employees Sued in an Individual
Capacity. A United States officer or employee sued in an indi-
vidual capacity for an act or omission occurring in connection
with duties performed on the United States’ behalf must serve
an answer to a complaint, counterclaim, or crossclaim within
60 days after service on the officer or employee or service on
the United States attorney, whichever is later.
(4) Effect of a Motion. Unless the court sets a different time,
serving a motion under this rule alters these periods as fol-
lows:
(A) if the court denies the motion or postpones its dis-
position until trial, the responsive pleading must be served
within 14 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite
statement, the responsive pleading must be served within
14 days after the more definite statement is served.
(b) HOW TO PRESENT DEFENSES. Every defense to a claim for re-
lief in any pleading must be asserted in the responsive pleading if
one is required. But a party may assert the following defenses by
motion:
(1) lack of subject-matter jurisdiction;
(2) lack of personal jurisdiction;
(3) improper venue;
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted;
and
(7) failure to join a party under Rule 19.
A motion asserting any of these defenses must be made before
pleading if a responsive pleading is allowed. If a pleading sets out
a claim for relief that does not require a responsive pleading, an
opposing party may assert at trial any defense to that claim. No
defense or objection is waived by joining it with one or more other
defenses or objections in a responsive pleading or in a motion.
(c) MOTION FOR JUDGMENT ON THE PLEADINGS. After the pleadings
are closed—but early enough not to delay trial—a party may move
for judgment on the pleadings.
(d) RESULT OF PRESENTING MATTERS OUTSIDE THE PLEADINGS. If,
on a motion under Rule 12(b)(6) or 12(c), matters outside the plead-
ings are presented to and not excluded by the court, the motion
must be treated as one for summary judgment under Rule 56. All
parties must be given a reasonable opportunity to present all the
material that is pertinent to the motion.
(e) MOTION FOR A MORE DEFINITE STATEMENT. A party may move
for a more definite statement of a pleading to which a responsive
pleading is allowed but which is so vague or ambiguous that the
party cannot reasonably prepare a response. The motion must be
made before filing a responsive pleading and must point out the
defects complained of and the details desired. If the court orders
a more definite statement and the order is not obeyed within 14
days after notice of the order or within the time the court sets,
the court may strike the pleading or issue any other appropriate
order.

(f) MOTION TO STRIKE. The court may strike from a pleading an
insufficient defense or any redundant, immaterial, impertinent, or
scandalous matter. The court may act:
(1) on its own; or
(2) on motion made by a party either before responding to
the pleading or, if a response is not allowed, within 21 days
after being served with the pleading.
(g) JOININGMOTIONS.
(1) Right to Join. A motion under this rule may be joined with
any other motion allowed by this rule.
(2) Limitation on Further Motions. Except as provided in Rule
12(h)(2) or (3), a party that makes a motion under this rule
must not make another motion under this rule raising a de-
fense or objection that was available to the party but omitted
from its earlier motion.
(h) WAIVINGANDPRESERVINGCERTAINDEFENSES.
(1) When Some Are Waived. A party waives any defense listed
in Rule 12(b)(2)–(5) by:
(A) omitting it from a motion in the circumstances de-
scribed in Rule 12(g)(2); or
(B) failing to either:
(i) make it by motion under this rule; or
(ii) include it in a responsive pleading or in an
amendment allowed by Rule 15(a)(1) as a matter of
course.
(2) When to Raise Others. Failure to state a claim upon which
relief can be granted, to join a person required by Rule 19(b),
or to state a legal defense to a claim may be raised:
(A) in any pleading allowed or ordered under Rule 7(a);
(B) by a motion under Rule 12(c); or
(C) at trial.
(3) Lack of Subject-Matter Jurisdiction. If the court determines
at any time that it lacks subject-matter jurisdiction, the
court must dismiss the action.
(i) HEARING BEFORE TRIAL. If a party so moves, any defense list-
ed in Rule 12(b)(1)–(7)—whether made in a pleading or by motion—
and a motion under Rule 12(c) must be heard and decided before
trial unless the court orders a deferral until trial.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024, eff. Dec. 1, 2024.)