Rule 12(b) motions and counterclaims: who may move to dismiss a counterclaim in an Answer?

• A. The defendant
• B. The court
• C. The plaintiff
• D. Either party

Answer: (C)

The main idea is who bears the power to challenge a counterclaim under Rule 12(b). When the defendant files a counterclaim in response to the plaintiff’s complaint, that counterclaim is a claim brought against the plaintiff. To challenge or dismiss that counterclaim for failure to state a claim, lack of jurisdiction, or other grounds, the party who must defend against the counterclaim—the plaintiff—may move to dismiss it under Rule 12(b).

The counterclaimant (the defendant who asserted the counterclaim) would not move to dismiss their own claim; they want the counterclaim to proceed. The court can dismiss a claim, including a counterclaim, on its own or in response to a properly brought motion, but the standard, practical mover to dismiss a counterclaim in an Answer is the plaintiff.

So the plaintiff is the correct answer because they are the party against whom the counterclaim is asserted and would typically seek dismissal under Rule 12(b) if the counterclaim fails to state a claim or otherwise lacks merit.