Civil Procedure I

Pre-Answer Motion

A pre-answer motion is a motion filed before the answer.

Possibles motions that can be made:

  1. Motion to dismiss under 12(b)(1)–(5).
  2. Motion to dismiss for failure to state a claim under 12(b)(6).
  3. Motion for a more definite statement under 12(e).

Motions to dismiss must be made at the first instance, as per 12(h).