Which defenses are covered/waived by 12(h)(1)?

• A. LACK OF SUBJECT-MATTER JURISDICTION; LACK OF PERSONAL JURISDICTION; IMPROPER VENUE; INSUFFICIENT PROCESS; INSUFFICIENT SERVICE OF PROCESS; FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; FAILURE TO JOIN A PARTY UNDER RULE 19
• B. LACK OF SUBJECT-MATTER JURISDICTION; lack of personal jurisdiction; improper venue
• C. Lack of subject-matter jurisdiction; improper venue; failure to join a party
• D. Lack of personal jurisdiction; insufficient service of process; failure to state a claim; insufficient process

Answer: (A)

Rule 12(h)(1) deals with waiving defenses that are listed in Rules 12(b)(2)-(7) if they aren’t raised in the timely motion or responsive pleading. The defenses covered by 12(b)(2)-(7) are lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, and failure to join a party under Rule 19. The option that lists exactly these defenses (and, in the set shown, also includes failure to join under Rule 19) matches what 12(h)(1) waives, making it the best answer. Other options miss one or more waivable defenses or include a defense not ordinarily cited under 12(h)(1).