What defenses are saved by Rule 12(h)(2)?

• A. Failure to state a claim upon which relief can be granted
• B. Failure to join a party under Rule 19
• C. Both A and B
• D. Lack of subject matter jurisdiction

Answer: (C)

Waiver of defenses under Rule 12 hinges on which defenses can be raised later in the case. Rule 12(h)(2) saves two specific defenses: failure to state a claim upon which relief can be granted (the Rule 12(b)(6) problem) and failure to join a party under Rule 19. This means you can bring these objections even if you didn’t raise them in the initial motion or in the answer. Lack of subject-matter jurisdiction, however, is not included in this saving; it’s governed by Rule 12(h)(3) and may be raised at any time, including on appeal. So the defenses saved by Rule 12(h)(2) are the failure to state a claim and the failure to join a party.