(a) When Presented.
(1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer
(A) within 20 days after being served with the summons and complaint, or
(B) if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States.
(2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
(3) (A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or crossclaim—or a reply to a counterclaim—within 60 days after the United States attorney is served with the pleading asserting the claim. (B) An officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States shall serve an answer to the complaint or cross-claim— or a reply to a counterclaim—within 60 days after service on the officer or employee, or service on the United States attorney, whichever is later.
(4) Unless a different time is fixed by court order, the service of a motion permitted under this rule alters these periods of time as follows:
(A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
(b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject 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 join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may 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 of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion 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 judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
(d) Preliminary Hearings. The defenses specifically enumerated (1)–(7) in subdivision (b) of this rule, whether made in a pleading 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 any party, unless the court orders that the hearing and determination thereof be deferred until the trial.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move 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 10 days 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 such order as it deems just.
(f) Motion To Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court’s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join with it any other motions herein provided for and then available to the party. If a party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there stated.
(h) Waiver or Preservation of Certain Defenses.
(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof permitted by Rule 15(a) to be made as a matter of course.
(2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by motion for judgment on the pleadings, or at the trial on the merits.
**(3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
(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.)
added in current removed in current
Compared to current version (2025).
(a) When Presented.
(1) Unless a differentTime to Serve a Responsive Pleading. Unless another time is prescribspecified inby a statute of the United States, afederal statute, the time for serving a responsive pleading is as follows:
(1) In General.
(A) A defendant shallmust serve an answer:
(Ai) within 201 days after being served with the summons and complaint,; or
(Bii) if service of the summons has beenit has timely waived on requestservice under Rule 4(d), within 60 days after the date when the request for a waiver was sent, or within 90 days after that date if the defendant was addressedit was sent to the defendant outside any judicial district of the United States.
(2B) A party served with a pleading stating a cross-claim against that party shall serve an answer theretomust serve an answer to a counterclaim or crossclaim within 201 days after being served. The plaintiff shall serve a reply to a counterclaim in the with the pleading that states the counterclaim or crossclaim.
(C) A party must serve a reply to an answer within 201 days after service of being served withe answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
(3) (A) 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, an United States agency, of ther a United States, or an officer or employee of the United States suedsued only in an official capacity, shall must serve an answer to thea complaint or cross, counterclaim-, or a reply to a countercrossclaim- within 60 days after service on the United States attorney is served with the plead.
(3) United States Officers or Employees Sued ing asserting the claim. (B) An officer or employee of the United Statesn Individual Capacity. A United States officer or employee sued in an individual capacity for an acts or omissions occurring in connection with theduties performance of duties on behalf ofed on the United States shall’ behalf must serve an answer to thea complaint or cross-, counterclaim-, or a reply to a countercrossclaim- within 60 days after service on the officer or employee, or service on the United States attorney, whichever is later.
(4) Unless a different time is fixed by court order, the service of a motion permittedEffect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods of time as follows:
(A) if the court denies the motion or postpones its disposition until the trial on the meritsrial, the responsive pleading shallmust be served within 104 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite statement, the responsive pleading shallmust be served within 104 days after the service of the more definite statement is served.
(b) How to Presented Defenses. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall must be asserted in the responsive pleading thereto if one is required, except tha. But a party may assert the following defenses may at the option of the pleader be made by motion:
(1) lack of jurisdiction over the subject -matter, jurisdiction;
(2) lack of personal jurisdiction over the person, ;
(3) improper venue, ;
(4) insufficiency oft process, ;
(5) insufficiency oft 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 makasserting any of these defenses shallmust be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motionresponsive pleading is allowed. If a pleading sets forthout a claim for relief to which the adverse party ihat does not required to serve a responsive pleading, the adversean opposing party may 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 of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, thto that claim. No defense or objection is waived by joining it with one or more motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56her defenses or objections in a responsive pleading or in a motion.
(c) Motion for Judgment on the Pleadings. After the pleadings are closed -but within such time asearly enough not to delay the trial, anyrial-a party may move for judgment on the pleadings. If, on a motion for judgment on
(d) Result of Presenting Matters Outside the pPleadings. 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 shallmust be treated as one for summary judgment aund disposed of as provided iner Rule 56, and a. All parties shallmust be given a reasonable opportunity to present all the material madethat is pertinent to such athe motion by Rule 56.
(d) Preliminary Hearings. The defenses specifically enumerated (1)-(7) in subdivision (b) of this rule, whether made in a pleading 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 any party, unless the court orders that the hearing and determination thereof be deferred until the trial.
(e) Motion for M.
(e) Motion for a More Definite Statement. A party may move for a more Ddefinite Sstatement. I of a pleading to which a responsive pleading is permittedallowed but which is so vague or ambiguous that athe party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposprepare a response. The motion must be made before filing a responsive pleading. The motion shall and must point out the defects complained of and the details desired. If the motion is grantedcourt orders a more definite statement and the order of the court is not obeyed within 104 days after notice of the order or within such other time as the court may fixsets, the court may strike the pleading to which the motion was directed or make such order as it deems justor issue any other appropriate order.
(f) Motion Tto Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court’s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of Defenses 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 Motion. A party who makes as.
(1) Right to Join. A motion under this rule may be joined with it any other motions herein provided for and then available to the party. If 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 but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there statedmust 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) Waiver oring and Preservation ofing Certain Defenses.
(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)-(5) by:
(A) if omitteding it from a motion in the circumstances described in subdivision (g),Rule 12(g)(2); or
(B) if it is neither madefailing to either:
(i) make it by motion under this rule nor; or
(ii) included it in a responsive pleading or in an amendment thereof permittallowed by Rule 15(a) to be made(1) as a matter of course.
(2) A defense of fWhen to Raise Others. Failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failureto join a person required by Rule 19(b), or to state a legal defense to a claim may be maderaised:
(A) in any pleading permittallowed or ordered under Rule 7(a), or;
(B) by a motion for judgment on the pleadings, or at the trial 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 meritscourt must dismiss the action.
(3i) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the actionHearing 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.)