Timing After Motion Denial
Roland Rhodes sued Riverstone Manufacturing for breach of contract. Riverstone filed a Rule 12(b)(6) motion to dismiss. The court denied the motion in a one-sentence order. Riverstone served its answer fourteen days later.
Also known as: responsive pleadings
Written by attorneys · grounded in primary & secondary sources — see below
A pleading that replies to an opponent's earlier pleading.
Select any source to read its text and confirm it supports the definition.
Roland Rhodes sued Riverstone Manufacturing for breach of contract. Riverstone filed a Rule 12(b)(6) motion to dismiss. The court denied the motion in a one-sentence order. Riverstone served its answer fourteen days later.
Rita Russell filed a petition for dissolution of marriage against Robert Rivera in State A. Robert filed a document denying the allegations of irretrievable breakdown. The court treated the document as the required response under the governing act.
Regina Robinson sued Redline Automotive for product liability. Redline filed a pre-answer motion asserting only failure to state a claim. When the motion was denied, Redline included lack of personal jurisdiction in its answer.
Raphael Rivera sued Rocky Mountain Mining for negligence. Rocky Mountain served its answer on March 10. Raphael filed an amended complaint adding a new theory on March 25. The amendment occurred within the permitted period after service of the responsive pleading.
Rina Rahman sued Regal Apparel for employment discrimination. Regal Apparel filed an answer that omitted any challenge to personal jurisdiction. Regal Apparel later moved to dismiss on that ground. The court held the defense waived because it was not included in the responsive pleading.
A foreign insurer was sued in federal court. The insurer filed an answer that did not contest personal jurisdiction. The insurer later sought to raise the defense. The court ruled the defense had been waived by failure to assert it in the responsive pleading.
The responsive pleading must be served within fourteen days after notice of the denial. This deadline is triggered by the court's action on the motion.
Supporting sources
The defense is waived. Rule 12(h) requires that such defenses be raised either by motion or in the responsive pleading.
Supporting sources
A plaintiff may amend once as a matter of course within twenty-one days after service of the responsive pleading. After that window closes, amendment requires leave or consent.
Supporting sources
…of Civil Procedure, “[a] defense of lack of jurisdiction over the person ... is waived” if not timely raised in the answer or a responsive pleading. In sum, the requirement of personal jurisdiction may be intentionally waived, or for various reasons a defendant may be estopped from raising the issue. These characteristics portray it…