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Federal Rules of Civil Procedure (FRCP) QUESTION #3684
Question 1
A plaintiff (State A) sues a defendant (State B) in federal court in State A for $\text{\$100,000}$ for a car accident. The defendant, who has no contacts with State A, files a pre-answer motion to dismiss for improper venue under Rule 12(b)(3). The court denies the motion. The defendant then files an answer, including an objection to personal jurisdiction. How should the court rule on the personal jurisdiction objection?
  • Overrule the objection, because the defendant waived personal jurisdiction by omitting it from the pre-answer motion.✔️
  • Sustain the objection, because personal jurisdiction is a constitutional requirement that cannot be waived.
  • Sustain the objection, because the defendant raised it in the answer.
  • Overrule the objection, because filing any Rule 12 motion constitutes a general appearance.
Correct Answer Explanation
Under Rule 12(h)(1), a party waives the defense of lack of personal jurisdiction by failing to include it in a responsive pleading or in a prior motion made under Rule 12. Because the defendant filed a 12(b)(3) motion and omitted the 12(b)(2) objection, it is waived.