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0 tracked cards Civil Procedure

A defendant files a first Rule 12 motion raising improper venue and failure to state a claim but omits lack of personal jurisdiction. After that motion is denied, the defendant tries to move to dismiss for lack of personal jurisdiction.
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The objection is waived only if the plaintiff expressly asks for waiver in the complaint. The objection can be raised for the first time after trial because personal jurisdiction is never waivable. The objection is waived if the defendant omitted it from the first Rule 12 motion or responsive pleading in which it was available. The objection is preserved by denying liability on the merits.

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