When is a Rule 12(b) motion to dismiss due?

• A. After the answer is due
• B. During discovery
• C. At trial
• D. Before the deadline for the answer

Answer: (D)

A Rule 12(b) motion to dismiss is a pre-answer challenge. It must be raised before the defendant files an answer, i.e., before the answer deadline. This lets the court screen out legally deficient actions early rather than after discovery. If you wait until after the answer deadline, you generally waive the right to raise a Rule 12(b) defense (with some limited exceptions for specific defenses that can be raised at any time, like lack of subject-matter jurisdiction or lack of personal jurisdiction). So the timing is about moving before the answer is due, not during discovery or at trial.