Also known as: Rules 12 · FRCP 12 · Fed. R. Civ. P. 12 · Rule 12(b)(6)
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule in the Federal Rules of Civil Procedure that governs the presentation of defenses and objections by motion or in a responsive pleading, the consolidation of available defenses, and the waiver of certain threshold objections when omitted from an initial motion.
Rosa Ruiz served a complaint on Redwood Bank. The bank filed a Rule 12(b)(6) motion. Ruiz then filed an amended complaint twenty days later without seeking leave or consent. The amendment took effect as of right because it occurred within the twenty-one-day period triggered by service of the motion.
Roger Ramirez sued Rocky Mountain Mining for breach of contract. The company moved to dismiss under Rule 12(b)(6) and attached an email exchange not mentioned in the complaint. The court considered the email and converted the motion to one for summary judgment, giving both sides time to present additional material.
Select any source to read its text and confirm it supports the definition.
Rhea Reynolds sued Reliance Insurance. The insurer filed a pre-answer Rule 12(b)(6) motion that omitted any objection to personal jurisdiction. After the motion was denied, the insurer attempted to raise lack of personal jurisdiction in its answer. The defense was waived because it had been available and was not included in the initial motion.
A defendant must serve an answer within fourteen days after notice of the court's denial of a pre-answer motion under Rule 12. The period begins when the court issues its ruling, even if a fuller opinion is promised later.
Supporting sources
The motion must be converted to one for summary judgment under Rule 56. All parties must receive a reasonable opportunity to present pertinent material before the court decides the converted motion.
Supporting sources
A party waives defenses listed in Rule 12(b)(2) through (5) by omitting them from a pre-answer motion when one is made or by failing to include them in a responsive pleading. The waiver occurs even if the omitted defense was available at the time of the first motion.
Supporting sources
Yes. A party may move for judgment on the pleadings after the pleadings are closed but early enough not to delay trial. The motion is decided on the pleadings alone unless outside materials are considered and conversion occurs.
Supporting sources
No. Lack of subject-matter jurisdiction may be raised at any time and is never waived. The court must dismiss the action whenever it determines that jurisdiction is lacking, even after trial.
Supporting sources