Rule 12(h)(2) and 12(h)(3) are exceptions to the general rule about waiver and may allow later assertion of a defense omitted from an earlier motion.

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Multiple Choice

Rule 12(h)(2) and 12(h)(3) are exceptions to the general rule about waiver and may allow later assertion of a defense omitted from an earlier motion.

Explanation:
The main idea here is that there are specific exceptions to the waiver rule for Rule 12 defenses. Normally, defenses listed in Rule 12(b) must be raised in the first responsive pleading or in a pre-answer motion, or they are waived. But Rule 12(h)(2) and Rule 12(h)(3) provide two carve-outs: lack of subject-matter jurisdiction and lack of personal jurisdiction may be raised at any time, even if they were not included in an earlier motion. That means a party can bring these defense issues later in the litigation without being barred by waiver. So the statement is true: these rules are exceptions that permit later assertion of those defenses omitted from an earlier motion.

The main idea here is that there are specific exceptions to the waiver rule for Rule 12 defenses. Normally, defenses listed in Rule 12(b) must be raised in the first responsive pleading or in a pre-answer motion, or they are waived. But Rule 12(h)(2) and Rule 12(h)(3) provide two carve-outs: lack of subject-matter jurisdiction and lack of personal jurisdiction may be raised at any time, even if they were not included in an earlier motion. That means a party can bring these defense issues later in the litigation without being barred by waiver. So the statement is true: these rules are exceptions that permit later assertion of those defenses omitted from an earlier motion.

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