FRCP 12—Answers to the Complaint-Defenses and Objections

12(a): Requirements for Answers
12(b)–(f):
- Option 1: Default Judgment
- Option 2: Response
- Option 3: Plead a FRCP 12 Pre-Answer Objection/Motion
  - 12(b): Motion to Dismiss for...
    
    ▫ (1)—Lack of Subject Matter Jurisdiction
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▫  "Not here"

▫  **NOT WAIVEABLE BY FRCP 12(h)**
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    ▫ (2)—Lack of Personal Jurisdiction
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▫  "Not here"

▫  See FRCP 4(k)(1)(A)
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    ▫ (3)—Improper Venue
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▫  "Not here"
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    ▫ (4)—Insufficient Process
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▫  "What is this"

▫  See FRCP 3/4
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    ▫ (5)—Insufficient Service of Process
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▫  "Not here"
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    ▫ (6)—Failure to State a Claim Upon Which Relief Can Be Granted
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▫  "So what?"

▫  **NOT WAIVEABLE BY FRCP 12(h)**
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    ▫ (7)—Failure to Join A Party Under FRCP 19
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▫  "Forgot somebody?"

▫  **NOT WAIVEABLE BY FRCP 12(h)**
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  - 12(c): Motion for Judgment on the Pleadings
    
    ▫ "Why would you file this?"
    
    ▫ There is no dispute with the complaint's pled facts.
    
    ▫ There is a disagreement on the underlying case—both sides still think they're right—but the disagreement doesn't extend to the facts.
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▫  Instead, the disagreement extends to whether the law provdies relief for that complaint.

▫  Essentially, the ∆ wants the case to be decided then adn there based upon current law.

▫  Some judges are reluctant to grant this, and will still want more facts to develop the case—and, further, the case law.
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  - 12(e): Motion for a More Definite Statement
    
    ▫ "What are you saying?"
  - 12(f): Motion to Strike
    
    ▫ "Oh no you didn't"
12(g)–(h): Joining and Waiver of Motions
- (g): Joining—You may join any FRCP 12 motion with any other(s) FRCP 12 motion.
- (h): Waiver—Failure to move any of these after the first motion or the answer is a waiver of all motions except 12(b)(1), (6), & (7).