Rule12. Defenses and objections.
(a)When presented. Unless otherwise provided bystatute or order of the court, a defendant shall serve an answer within 21 daysafter the service of the summons and complaint is complete within the state andwithin 30 days after service of the summons and complaint is complete outsidethe state. A party served with a pleading stating a cross-claim shall serve ananswer thereto within 21 days after the service. The plaintiff shall serve areply to a counterclaim in the answer within 21 days after service of theanswer or, if a reply is ordered by the court, within 21 days after service ofthe order, unless the order otherwise directs. The service of a motion underthis rule alters these periods of time as follows, unless a different time isfixed by order of the court, but a motion directed to fewer than all of theclaims in a pleading does not affect the time for responding to the remainingclaims:
(a)(1) If the court denies themotion or postpones its disposition until the trial on the merits, theresponsive pleading shall be served within 14 days after notice of the court'saction;
(a)(2) If the court grants amotion for a more definite statement, the responsive pleading shall be servedwithin 14 days after the service of the more definite statement.
(b)How presented. Every defense, in law or fact,to claim for relief in any pleading, whether a claim, counterclaim,cross-claim, or third-party claim, shall be asserted in the responsive pleadingthereto if one is required, except that the following defenses may at theoption of the pleader be made by motion: (1) lack of jurisdiction over thesubject matter, (2) lack of jurisdiction over the person, (3) improper venue,(4) insufficiency of process, (5) insufficiency of service of process, (6)failure to state a claim upon which relief can be granted, (7) failure to joinan indispensable party. A motion making any of these defenses shall be madebefore pleading if a further pleading is permitted. No defense or objection iswaived by being joined with one or more other defenses or objections in aresponsive pleading or motion or by further pleading after the denial of suchmotion or objection. If a pleading sets forth a claim for relief to which theadverse party is not required to serve a responsive pleading, the adverse partymay assert at the trial any defense in law or fact to that claim for relief.If, on a motion asserting the defense numbered (6) to dismiss for failure ofthe pleading to state a claim upon which relief can be granted, matters outsidethe pleading are presented to and not excluded by the court, the motion shallbe treated as one for summary judgment and disposed of as provided inRule56, and all parties shall begiven reasonable opportunity to present all material made pertinent to such amotion by Rule 56.
(c)Motion for judgment on the pleadings.After the pleadings are closed but within such time as not to delay the trial,any party may move for judgment on the pleadings. If, on a motion for judgmenton the pleadings, matters outside the pleadings are presented to and notexcluded by the court, the motion shall be treated as one for summary judgmentand disposed of as provided in Rule 56, and all parties shall begiven reasonable opportunity to present all material made pertinent to such amotion by Rule 56.
(d)Preliminary hearings. The defenses specificallyenumerated (1) - (7) in subdivision (b) of this rule, whether made in apleading or by motion, and the motion for judgment mentioned in subdivision (c)of this rule shall be heard and determined before trial on application of anyparty, unless the court orders that the hearings and determination thereof bedeferred until the trial.
(e)Motion for more definite statement. If a pleading towhich a responsive pleading is permitted is so vague or ambiguous that a partycannot reasonably be required to frame a responsive pleading, the party maymove for a more definite statement before interposing a responsive pleading.The motion shall point out the defects complained of and the details desired.If the motion is granted and the order of the court is not obeyed within 14days after notice of the order or within such other time as the court may fix,the court may strike the pleading to which the motion was directed or make suchorder as it deems just.
(f)Motion to strike. Upon motion made by a partybefore responding to a pleading or, if no responsive pleading is permitted bythese rules, upon motion made by a party within 21 days after the service ofthe pleading, the court may order stricken from any pleading any insufficientdefense or any redundant, immaterial, impertinent, or scandalous matter.
(g)Consolidation of defenses. A party who makes a motion underthis rule may join with it the other motions herein provided for and thenavailable. If a party makes a motion under this rule and does not includetherein all defenses and objections then available which this rule permits tobe raised by motion, the party shall not thereafter make a motion based on anyof the defenses or objections so omitted, except as provided in subdivision (h)of this rule.
(h)Waiver of defenses. A party waives all defenses andobjections not presented either by motion or by answer or reply, except (1)that the defense of failure to state a claim upon which relief can be granted,the defense of failure to join an indispensable party, and the objection offailure to state a legal defense to a claim may also be made by a laterpleading, if one is permitted, or by motion for judgment on the pleadings or atthe trial on the merits, and except (2) that, whenever it appears by suggestionof the parties or otherwise that the court lacks jurisdiction of the subjectmatter, the court shall dismiss the action. The objection or defense, if madeat the trial, shall be disposed of as provided in Rule15(b) in the light of anyevidence that may have been received.
(i)Pleading after denial of a motion. The filing of aresponsive pleading after the denial of any motion made pursuant to these rulesshall not be deemed a waiver of such motion.
(j)Security for costs of a nonresident plaintiff.When the plaintiff in an action resides out of this state, or is a foreigncorporation, the defendant may file a motion to require the plaintiff tofurnish security for costs and charges which may be awarded against suchplaintiff. Upon hearing and determination by the court of the reasonable necessitytherefor, the court shall order the plaintiff to file a $300.00 undertakingwith sufficient sureties as security for payment of such costs and charges asmay be awarded against such plaintiff. No security shall be required of anyofficer, instrumentality, or agency of the United States.
(k)Effect of failure to file undertaking.If the plaintiff fails to file the undertaking as ordered within 30 days of theservice of the order, the court shall, upon motion of the defendant, enter anorder dismissing the action.