Waivable Defenses Defenses Lack of Personal Jurisdiction Improper venue Insufficiency of process Insufficiency of service of process Defense Rule No. 12(b)(2) 12 (b)(3) 12(b)(4) 12(b)(5) Attempt to use in 2nd PreAnswer Motion 12(g) 12(g) 12(g) 12(g)
Reason Defense is Waived Attempt to use in a post-motion Answer 12(h)(1)(A) 12(h)(1)(A) 12(h)(1)(A) 12(h)(1)(A)
Not Mentioned at All 12(h)(1)(b) 12(h)(1)(b) 12(h)(1)(b) 12(h)(1)(b)
Non-Waivable 12 (b)(1) Lack of Subject Matter Jurisdiction Failure to state a claim upon which relief can be granted 12(b)(6) Failure to join an indispensable party 12(b)(7)
Response by Defendant Answer-No Waiver of Service Answer -Waived Service Motion to Strike Motion for More Definite Statement Rule 12 Motion-that is denied
Defendant's Option's Once Served Time to Respond 20 days 60 days 20 days of Service of Pleading or Motion Prior to Pleading 10 days after response by P 10 days to respond after court action
Rule 12 (a)(1)(A) 12(f) 12(e)
Action After Filing Claim with Court-To Serve Process on Defendant If D does not Waive SP, Time to file an Answer D's Time avail to Return Waiver in US D's Return of Waiver outside U.S. D to Serve an Answer-if Waived SP (Within US) D to Serve an Answer-if Waived SP (Outside US)
Timeline 120 days 20 days at least 30 days 60days 60 days after the date on which the request for service was sent 90 days after the date on which the request for service was sent
Rule 4(m) 4(d)(2)(f) 4(d)(2)(f) 4(d)(3) 4(d)(3)
Removal
Filled w/in 30days after receipt by D that case is removable (either by serivce or otherwise
Steps to Start Suit P Files Complaint with Clerk P Presents Summons for Clerk's Signature & Seal Serve D with Process (Summons & Copy of Complaint)