Fed. R. Civ. P. 12 — Defenses and Objections; Motion to Dismiss
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Time to serve a responsive pleading. A defendant must serve an answer within 21 days after being served (60 days if served outside the U.S. or 60 days for the U.S. government).
(b) Defenses by motion. Every defense may be asserted in the responsive pleading, but the following seven defenses may instead be raised by pre-answer motion:
- 12(b)(1) — lack of subject-matter jurisdiction
- 12(b)(2) — lack of personal jurisdiction
- 12(b)(3) — improper venue
- 12(b)(4) — insufficient process
- 12(b)(5) — insufficient service of process
- 12(b)(6) — failure to state a claim upon which relief can be granted
- 12(b)(7) — failure to join a party under Rule 19
(g) Joining motions. A motion under Rule 12 must include all 12(b) defenses then available. (h) Waivers: 12(b)(2) through (5) are waived if not raised in the first motion or responsive pleading.
Full text: law.cornell.edu/rules/frcp/rule_12.
Plain English
Rule 12 is how a federal defendant kills your case before discovery. Seven different motions live inside it. The headliner is 12(b)(6) — failure to state a claim — which under Twombly and Iqbal requires plaintiffs to plead facts that make the claim plausible on its face.
Most 12(b) defenses must be raised together or you waive them. Filing a personal-jurisdiction motion without also raising service or venue issues forfeits those defenses. That’s Rules 12(g) and 12(h) — one bite at the apple.
Key Cases & Authority
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) — Established the “plausibility” pleading standard for 12(b)(6) motions.
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) — Extended Twombly to all civil cases; introduced the two-step analysis.
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) — Foundational personal-jurisdiction case still cited in 12(b)(2) motions. “Minimum contacts” test.
- Daimler AG v. Bauman, 571 U.S. 117 (2014) — Narrowed general personal jurisdiction; corporation is “at home” only in place of incorporation and principal place of business.
- Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773 (2017) — Tightened specific personal jurisdiction; out-of-state plaintiffs can’t bootstrap onto in-state co-plaintiffs.
- Atlantic Marine Constr. Co. v. U.S. Dist. Court, 571 U.S. 49 (2013) — Forum-selection clauses are enforced through 28 U.S.C. § 1404(a) transfer, not Rule 12(b)(3).
Florida Parallel
Fla. R. Civ. P. 1.140 (Defenses) tracks the federal structure but with different waiver rules — and Twombly/Iqbal does not apply in Florida state court. The federal 12(b)(6) bar is significantly higher than Florida’s motion-to-dismiss standard.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) A defendant must serve an answer within 21 days after being served with the summons and complaint (60 days if the defendant has waived service or is the United States).
(b) 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.
(g) A motion under this rule must include all available 12(b) defenses then available. (h) 12(b)(2) through (5) are waived if not raised in the first motion or responsive pleading.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Rule 12 is how a federal defendant kills a case before discovery. Seven different motions live inside it. Under Twombly and Iqbal, a 12(b)(6) motion to dismiss requires plausibility, not just possibility. Most 12(b) defenses must be raised together or you waive them — one bite at the apple under Rules 12(g) and 12(h).