Hierarchy of Rule 12 defenses

From LegalLanding

FRCP Rule 12(g) and 12(h) read to create a hierarchy of defenses.

A party must join all desired defenses in a pre-answer motion.

12(h)(1) – Disfavored defenses

These defenses are waived forever if omitted from pre-answer motion. If no pre-answer motion is made and these defenses are omitted from the answer, they are, again, waived forever.

1. Lack of jurisdiction over the person

2. Improper venue

3. Insufficiency of process

4. Insufficiency of service of process

12(h)(2) – Favored defenses

These defenses can be made in any pleading, or by motion for judgment on the pleadings, or at trial on the merits.

1. Failure to state a claim upon which relief can be granted

2. Failure to join an indispensable party

3. Failure to state a legal defense to a claim

12(h)(3) – Most favored defense

This defense can be made at any time.

Lack of jurisdiction on the subject matter