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Federal Rules of Civil Procedure (FRCP) QUESTION #5681
Question 1
A defendant is served with a complaint on June 1st. On June 10th, the defendant files a Rule 12(b)(3) motion for improper venue. On June 15th, the defendant realizes they also have a defense for lack of personal jurisdiction. Can they file a second Rule 12 motion to include this?
  • Yes, because it is within the 21-day window.
  • No, Rule 12(g)(2) prohibits a second motion raising a defense that was available but omitted from the first motion, except as provided in 12(h)(2) or (3).✔️
  • Yes, if they get leave of court.
  • No, but they can include it in their answer.
Correct Answer Explanation
Rule 12(g)(2) is the consolidation rule: a party that makes a Rule 12 motion must not make another motion raising an available but omitted defense. 12(h)(1) further clarifies that personal jurisdiction is waived if omitted from the initial motion.