Under Rule 12(h)(2), when can you raise those defenses?

• A. In the answer
• B. In a motion for judgment on the pleadings under Rule 12(c)
• C. At trial
• D. All of the above

Answer: (D)

Rule 12(h)(2) deals with defenses that attack the court’s power to hear a case, such as lack of subject-matter or personal jurisdiction, improper venue, and insufficiency of process or service of process. These defenses aren’t bound to be raised only at the very start; the rule allows them to be raised at multiple stages because they affect jurisdiction rather than the merits of the claim. You can raise them in the answer, you can bring them later in a motion for judgment on the pleadings (Rule 12(c) can be used after pleadings to challenge these issues), and you can even raise them at trial if necessary. That flexibility is why all of the above options are correct.