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Federal Rules of Civil Procedure (FRCP) QUESTION #3696
Question 1
A plaintiff (State A) sues a defendant (State B) in federal court. The defendant believes the court lacks personal jurisdiction. The defendant files a motion to dismiss under Rule 12(b)(2). The court denies the motion. The defendant then participates in the trial and loses. On appeal, the defendant raises the personal jurisdiction issue. What is the likely result?
  • The issue is waived because the defendant participated in the trial.
  • The appellate court will review the issue because the defendant preserved it by making a timely motion.✔️
  • The issue is waived because the defendant did not file an interlocutory appeal immediately after the denial.
  • Personal jurisdiction is never reviewable on appeal.
Correct Answer Explanation
By making a timely Rule 12(b)(2) motion, the defendant preserved the objection. Unlike some state courts, federal procedure does not require a party to 'stand on the motion' and refuse to defend on the merits to preserve the jurisdictional objection for appeal.