If the defendant files a Rule 12(b)(6) Motion to Dismiss, which of the following is true about the defendant's obligation to file an Answer?

• A. The defendant can wait until the court rules on his Rule 12(b) Motion (either granting it, denying it, or formally ordering that it be postponed until trial).
• B. If the court denies his Rule 12(b) Motion, the defendant must file an Answer within 14 days of the Court's order.
• C. The defendant must file an Answer to the Complaint within 14 days of service
• D. The defendant should always file an Answer immediately

Answer: (A)

When a defendant files a Rule 12(b)(6) motion to dismiss, the time to file an answer is paused while that motion is pending. Under Rule 12(a)(4), you don’t have to rush an answer; the 21-day default deadline after service is tolled until the court rules on the motion (or postpones ruling). If the court denies the motion, the defendant then has 14 days to answer after notice of that ruling. If the court grants the motion, no answer is required. If the motion is postponed until trial, the deadline to answer remains on hold until the court’s ruling. So the best statement is that the defendant can wait to file an answer until the court rules on the Rule 12(b) motion, with the consequences described depending on the outcome.