Rule 12 - [Effective 1/1/2025] Defenses and objections, When and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing(a)Time to serve a responsive pleading.(1)In general. Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is as follows: (A) A defendant shall serve an answer within 30 days after being served with the summons and complaint. Every answer shall be accompanied by a completed civil case information statement in the form prescribed by the Supreme Court of Appeals as required by Rule 3(b).(B) A party shall serve an answer to a counterclaim or crossclaim within 30 days after being served with the pleading that states the counterclaim or crossclaim.(C) A party shall serve a reply to an answer or third-party answer within 30 days after being served with an order to reply, unless the order specifies a different time.(2)Effect of a motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows:(A) if the court denies the motion or postpones its disposition until the trial, the responsive pleading shall 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 shall be served within 14 days after the service of the more definite statement.(b) How to present defenses.Every defense to a claim for relief in any pleading shall 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;(4) insufficient process:(5) insufficient service of process:(6) failure to state a claim upon which relief can be granted; or(7) failure to join a party under Rule 19. A motion making any of these defenses shall 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 being joined with one or more other defenses or objections in a responsive pleading or motion.
(c)Motion for judgment on the pleadings. After the pleadings are closed but within such time as 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 pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment under Rule 56. All parties shall be given a reasonable opportunity to present all the material that is pertinent to the motion. (e) Motion for 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 shall be made before filing a responsive pleading and shall 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 any a pleading any m insufficient defense or any redundant, immaterial, impertinent or scandalous matter. The court may act:(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) Joining motions.(1)Right to join. A motion under this rule may be joined with any other motions 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 shall not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.(h) Waiving or preserving certain defenses.(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 described 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(3)Lack of subject-matter jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court shall dismiss the action. If a party so moves, any defense listed in Rule 12(b)(1)-(7) -whether made in a pleading or by motion-and a motion under Rule 12(c) shall be heard and decided before trial unless the court orders a deferral until trial.Amended effective 1/1/2025.