Which defenses are covered by Rule 12(h)(3)?

• A. Lack of subject matter jurisdiction
• B. Lack of personal jurisdiction
• C. Improper venue
• D. Lack of service of process

Answer: (D)

Rule 12(h)(3) governs which defenses can be raised after the case has started and whether they’re waived by delay. The central point is that lack of subject-matter jurisdiction may be raised at any time, even after the answer has been filed or after judgment, so it cannot be waived through delay. This protection ensures the court actually has the authority to hear the case.

Other defenses—such as lack of personal jurisdiction, improper venue, insufficiency of process, or insufficiency of service of process—are not treated the same way under Rule 12(h). They must be raised in a pre-answer motion or in the answer itself to avoid waiver; if not raised timely, they’re generally waived. That’s why the concept being tested is understanding which defense is preserved for raising at any time under Rule 12(h)(3): lack of subject-matter jurisdiction.