Civil Procedure I

12(h)


Waiving and Preserving Certain Defenses.

  1. When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)–(5) by:

    1. omitting it from a motion in the circumstances described in Rule 12(g)(2)
    2. failing to either:

      1. make it by motion under this rule; or
      2. include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a metter of course.