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Federal Rules of Civil Procedure (FRCP) QUESTION #3702
Question 1
A plaintiff sues a defendant in federal court. The defendant believes the complaint fails to join a party required by Rule 19. When must the defendant raise this defense?
  • Only in a pre-answer motion.
  • In a pre-answer motion, in any pleading, or by a motion for judgment on the pleadings, or even at trial.✔️
  • Only in the answer.
  • At any time, including for the first time on appeal.
Correct Answer Explanation
Rule 12(h)(2) states that failure to join a person required by Rule 19(b) may be raised: (A) in any pleading allowed or ordered under Rule 7(a); (B) by a motion under Rule 12(c); or (C) at trial.