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0 tracked cards Civil Procedure

A defendant filed a pre-answer motion to dismiss for failure to state a claim. The motion did not mention personal jurisdiction, even though the defendant knew it had no contacts with the forum. After the court denied the motion, the defendant answered and asserted lack of personal jurisdiction for the first time.
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A defendant that makes a pre-answer Rule 12 motion and omits lack of personal jurisdiction waives that defense if it was then available. Improper venue may be raised for the first time at trial even if it was available earlier. Failure to state a claim is waived if omitted from the first Rule 12 motion. All Rule 12 defenses are waived if not included in the first Rule 12 motion.

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