Fed. R. Civ. P. 12

(a) TIME TO SERVE A RESPONSIVE PLEADING. Unless another time

is specified by a federal statute, the time for serving a responsive

pleading is as follows:

(1) In General.

(A) A defendant must serve an answer:

(i) within 21 days after being served with the summons and complaint; or

(ii) if it has timely waived service under Rule 4(d),

within 60 days after the request for a waiver was sent,

or within 90 days after it was sent to the defendant

outside any judicial district of the United States.

(B) A party must serve an answer to a counterclaim or

crossclaim within 21 days after being served with the

pleading that states the counterclaim or crossclaim.

(C) A party must serve a reply to an answer within 21

days after being served with an order to reply, unless the

order specifies a different time.

(2) United States and Its Agencies, Officers, or Employees Sued

in an Official Capacity. The United States, a United States

agency, or a United States officer or employee sued only in an

20 Rule 12 FEDERAL RULES OF CIVIL PROCEDURE

official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the

United States attorney.

(3) United States Officers or Employees Sued in an Individual

Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection

with duties performed on the United States’ behalf must serve

an answer to a complaint, counterclaim, or crossclaim within

60 days after service on the officer or employee or service on

the United States attorney, whichever is later.

(4) Effect of a Motion. Unless the court sets a different time,

serving a motion under this rule alters these periods as follows:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served

within 14 days after notice of the court’s action; or

(B) if the court grants a motion for a more definite

statement, the responsive pleading must be served within

14 days after the more definite statement is served.

(b) HOW TO PRESENT DEFENSES. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if

one is required. But a party may assert the following defenses by

motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted;

and

(7) failure to join a party under Rule 19.

A motion asserting any of these defenses must be made before

pleading if a responsive pleading is allowed. If a pleading sets out

a claim for relief that does not require a responsive pleading, an

opposing party may assert at trial any defense to that claim. No

defense or objection is waived by joining it with one or more other

defenses or objections in a responsive pleading or in a motion.

(c) MOTION FOR JUDGMENT ON THE PLEADINGS. After the pleadings

are closed—but early enough not to delay trial—a party may move

for judgment on the pleadings.

(d) RESULT OF PRESENTING MATTERS OUTSIDE THE PLEADINGS. If,

on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion

must be treated as one for summary judgment under Rule 56. All

parties must be given a reasonable opportunity to present all the

material that is pertinent to the motion.

(e) MOTION FOR A MORE DEFINITE STATEMENT. A party may move

for a more definite statement of a pleading to which a responsive

pleading is allowed but which is so vague or ambiguous that the

party cannot reasonably prepare a response. The motion must be

made before filing a responsive pleading and must point out the

defects complained of and the details desired. If the court orders

a more definite statement and the order is not obeyed within 14

days after notice of the order or within the time the court sets,

the court may strike the pleading or issue any other appropriate

order.

21 Rule 13 FEDERAL RULES OF CIVIL PROCEDURE

(f) MOTION TO STRIKE. The court may strike from a pleading an

insufficient defense or any redundant, immaterial, impertinent, or

scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to

the pleading or, if a response is not allowed, within 21 days

after being served with the pleading.

(g) JOINING MOTIONS.

(1) Right to Join. A motion under this rule may be joined with

any other motion allowed by this rule.

(2) Limitation on Further Motions. Except as provided in Rule

12(h)(2) or (3), a party that makes a motion under this rule

must not make another motion under this rule raising a defense or objection that was available to the party but omitted

from its earlier motion.

(h) WAIVING AND PRESERVING CERTAIN DEFENSES.

(1) When Some Are Waived. A party waives any defense listed

in Rule 12(b)(2)–(5) by:

(A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or

(B) failing to either:

(i) make it by motion under this rule; or

(ii) include it in a responsive pleading or in an

amendment allowed by Rule 15(a)(1) as a matter of

course.

(2) When to Raise Others. Failure to state a claim upon which

relief can be granted, to join a person required by Rule 19(b),

or to state a legal defense to a claim 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.

(3) Lack of Subject-Matter Jurisdiction. If the court determines

at any time that it lacks subject-matter jurisdiction, the

court must dismiss the action.

(i) HEARING BEFORE TRIAL. If a party so moves, any defense listed in Rule 12(b)(1)–(7)—whether made in a pleading or by motion—

and a motion under Rule 12(c) must be heard and decided before

trial unless the court orders a deferral until trial.

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July

1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987;

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr.

30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 2, 2024,

eff. Dec. 1, 2024.)