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You are here: Home / Free Legal Deadline Calculator | Court Date Calculator / Federal Court Motions Deadlines / Deadline for Rule 12(b) Defenses/Motions in Federal Court

Deadline for Rule 12(b) Defenses/Motions in Federal Court

A defendant normally responds to a plaintiff’s complaint by filing an answer pursuant to Federal Rule of Civil Procedure 12(a).  However, the rules provide for another option for defendants who wish to make preliminary objections under certain circumstances.  In these cases, a defendant may avoid answering immediately by filing a motion to dismiss under Federal Rule of Civil Procedure 12(b) (see Rule 12(b) for a list of the defenses that may be raised in a 12(b) motion to dismiss).

A motion under Rule 12(b) (like the traditional demurrer) is due before serving a responsive pleading. Therefore, it must be filed no later than 21 days after the operative complaint, counterclaim or crossclaim is served. In the case that no responsive pleading is due, Rule 12(b) motions can be made anytime up to and including trial. Fed. R. Civ. P. 12(b).

Go to the Rule 12(b) Motions Calculator

These “pre-answer motions” should be made at the outset of the case. A successful 12(b) motion may eliminate a defendant’s need to answer altogether, thereby providing a strong tactical advantage. For example, when a court lacks subject matter jurisdiction over the actions making the basis of the complaint (Rule 12(b)(1)), the court has no power to render a judgment. Accordingly, there is no reason for a defendant to put forth defenses to an action that cannot be maintained in the first place. Similar arguments exist where the court is not a proper venue (Rule 12(b)(2)) or the court lacks personal jurisdiction over the defendant (Rule 12(b)(3)). Other defenses highlight defects in the method by which the plaintiff initiated the action. Insufficient service of process (Rule 12(b)(5)) challenges the manner in which the plaintiff served the complaint, and arguments concerning failure to join a necessary party (Rule 12(b)(7)) attack the scope of the plaintiff’s suit.

A 12(b)(6) dismissal, which replaced the common law demurrer, attacks the substantive merits of the complaint. A defendant who moves for dismissal in this manner says the plaintiff “failed to state a claim upon which relief can be granted,” meaning even if the plaintiff were to prove the allegations in the complaint, they still would not be entitled to any relief. An example would be a suit for defamation in a jurisdiction that does not recognize a suit for defamation unless a plaintiff can prove a defendant published the defamatory statement. If publication of the defamatory statement is required and the plaintiff cannot alleged it, the plaintiff is not entitled to the relief requested and the court should dismiss the matter.

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Links to Deadline Calculator Pages for Pertinent Federal Court Deadlines:

Pleadings

Filing an Answer (Generally)

Answers to Counterclaims and Crossclaims

Reply to an Answer (If Ordered)

Effect of a Motion on the Answer Deadline

Disclosures and Discovery

Rule 26(f) Conference

Joint Discovery Plan

Initial Disclosures

Responses to Discovery Requests

Expert Disclosures

Rebuttal Expert Disclosures

Pretrial Disclosures

Motions

Serving Motions

Affidavits in Opposition to Motions

Rule 12(b) Defenses/Motions

Motion for a More Definite Statement

Motion to Strike

Summary Judgment

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CourtDeadlines.com

Free court deadline calculators and resources for lawyers, legal professionals, and others.

Court Deadlines contains reference information and calculators for common deadlines in the federal rules of civil procedure. Court Deadlines also includes links to certain state court rules.

Disclaimer: The information presented on this site is for educational purposes only. Always check the Federal Rules of Civil Procedure or your state’s rules, if applicable, as well as any local rules or scheduling orders that might apply to your case.

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