What is a way to waive a defense?

• A. Do nothing
• B. File an Answer and never raise the defense in your Answer (or amended Answer as a matter of course)
• C. File a Rule 56 motion
• D. Elect to first file a Rule 12 Motion and omit the defense

Answer: (B)

In civil procedure, defenses must be raised at the right time—typically in a pre-answer motion or in the first responsive pleading. If you file an Answer and do not include a defense, you’ve waived that defense. So the way to waive a defense is to respond with an Answer (or an amended Answer) and never plead the defense at all. The other options don’t describe waiving a defense: doing nothing can lead to default or other consequences, a Rule 56 motion seeks summary judgment on the merits rather than addressing waiver, and waiting to file a Rule 12 motion while omitting the defense would not correctly establish waiver in the usual sense.