Lack of subject matter jurisdiction may be raised by a second pre-answer motion to dismiss.

• A. Only after an answer
• B. Only on appeal
• C. True
• D. False

Answer: (C)

Lack of subject matter jurisdiction is a non-waivable defect in a case—the court must dismiss if it lacks authority to hear the dispute. Because this defect concerns the court’s power rather than the merits of the claim, it can be raised at any time, including before the party answers.

That means a defendant can pursue a second pre-answer motion to dismiss on the basis of lack of subject matter jurisdiction if necessary. Rule 12(h)(3) allows raising lack of subject matter jurisdiction at any time, and a pre-answer stage motion remains a valid vehicle to raise this issue before the case proceeds further. In practice, a defendant isn’t bound to wait for an answer to challenge jurisdiction; new information or a change in circumstances can justify another pre-answer bid to dismiss.

So the statement is true: lack of subject matter jurisdiction can be raised by a second pre-answer motion to dismiss.