What is the goal of Rule 12(h)(2)?

• A. The rule allows raising omitted defenses even if not included in the initial responsive pleading
• B. It ensures defenses must be raised in the initial responsive pleading
• C. It requires defense to be raised only on appeal
• D. It prevents raising omitted defenses at trial

Answer: (B)

Rule 12(h)(2) is about waivers and when defenses must be raised. It makes defenses that could be raised by a Rule 12 motion be raised in the first responsive pleading; if they aren’t, they are waived. The aim is to prevent last‑minute surprises, promote early resolution of threshold issues, and give the other party and the court clear notice of which defenses will be pursued. That’s why this option is the best choice: defenses must be raised in the initial responsive pleading to avoid waiver.