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Federal Rules of Civil Procedure (FRCP) QUESTION #3693
Question 1
A defendant is served with a complaint and summons. The defendant believes the venue is improper. Instead of filing a motion, the defendant files an answer that includes only a denial of the allegations. Two weeks later, the defendant files a motion to transfer venue. Has the defendant waived the venue objection?
  • No, because a motion to transfer can be filed at any time.
  • Yes, because the venue objection was not raised in the first responsive pleading.✔️
  • No, because the defendant filed the motion within 21 days of the answer.
  • Yes, but the court can still transfer venue for the convenience of the parties regardless of waiver.
Correct Answer Explanation
Rule 12(h)(1) provides that a party waives any defense listed in Rule 12(b)(2)-(5) (including improper venue) by failing to make it by motion under this rule or include it in a responsive pleading.