Waiver Under Rule 12

This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.

Rule 12 of the Federal Rules of Civil Procedure provides that certain defenses, including lack of jurisdiction, improper venue, and failure to state a claim, can at the pleader’s option be brought by motion prior to filing a responsive pleading. It also provides that certain of these defenses are waived if they are not asserted in the proper fashion. This exercise deals with the reasons for special treatment of those defenses and analysis of the waiver provisions of the rule. It provides practice in close scrutiny and interpretation of a complex set of interrelated provisions.