LAW 521-002 – Civil Procedure I

12(b)


How to Present Defenses. Every defense to a claim for relief in any pleading must 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;
  3. improper venue;
  4. insufficient process;
  5. insufficient service of process;

These are waived if not asserted at first chance as per 12(h).

All must be raised all at once.