Do you ever waive defenses?

Do you ever waive defenses?

• A. Yes. Rule 12 (h) provides that some defenses are waived if not properly asserted
• B. No. All defenses can be raised at any time
• C. Only some defenses can be waived
• D. Defenses cannot be waived in federal court

Answer: (A)

In federal practice, you don’t get to wait and raise several defenses later in the case. Rule 12(h) says that some defenses must be raised early—if you don’t raise them in a pre-answer motion or in your answer, they’re waived. That means yes, defenses can be waived if not properly asserted. A common way to see this is that defenses like lack of personal jurisdiction, improper venue, and defects in service or process must be brought up at the outset; if you miss that window, you lose them. There’s an important exception though: lack of subject-matter jurisdiction can be raised at any time, including on appeal. So the idea that “some defenses are waived” is correct, which is why the statement is the best answer.

In federal practice, you don’t get to wait and raise several defenses later in the case. Rule 12(h) says that some defenses must be raised early—if you don’t raise them in a pre-answer motion or in your answer, they’re waived. That means yes, defenses can be waived if not properly asserted.

A common way to see this is that defenses like lack of personal jurisdiction, improper venue, and defects in service or process must be brought up at the outset; if you miss that window, you lose them. There’s an important exception though: lack of subject-matter jurisdiction can be raised at any time, including on appeal. So the idea that “some defenses are waived” is correct, which is why the statement is the best answer.