Rule 12(b) allows raising certain defenses by motion using which language?

• A. A party may assert the following defenses by Answer
• B. A party may assert the following defenses by Motion
• C. A party may assert the following defenses by a pretrial order
• D. A party may assert the following defenses by a ruling

Answer: (B)

The main idea is that many defenses can be raised before answering the complaint, using a separate pre-answer motion. Rule 12(b) uses the exact language “A party may assert the following defenses by Motion,” which tells you the procedural vehicle to use. That means you file a Rule 12(b) motion to dismiss for these listed defenses rather than waiting to raise them in the answer. This mechanism lets the court dispose of certain issues—like lack of subject-matter or personal jurisdiction, improper venue, insufficient or defective service of process, failure to state a claim, or failure to join a required party—without going through full discovery or trial.

The other options imply methods not authorized by Rule 12(b) for these defenses. Raising them in the answer isn’t what the rule provides, and calling for a pretrial order or a ruling doesn’t describe the proper pre-answer motion mechanism.