Lack of subject matter jurisdiction is never waived and can be raised at any time, even by the court.

• A. True
• B. False
• C. Not applicable
• D. Only by the parties

Answer: (A)

Subject matter jurisdiction is the court’s power to hear a case. It cannot be supplied or waived by the parties, and a court must not proceed if it lacks that authority. Because SMJ goes to whether the court has optional authority to adjudicate, it can be raised at any time—by the parties or even sua sponte by the court itself. This ensures the case is heard only before a court that has proper jurisdiction. For example, if a federal court encounters a case that does not fall within federal subject matter jurisdiction, it may raise the issue on its own and must dismiss, regardless of any agreement by the parties. While other defenses, like personal jurisdiction or venue, can be waived or cured, lack of subject matter jurisdiction cannot, making the statement true.