Which of the following is a defense that may be raised by a Rule 12(b) motion?

• A. Lack of subject-matter jurisdiction
• B. Hearsay objections
• C. Admissibility of evidence
• D. Jury instruction errors

Answer: (A)

Lack of subject-matter jurisdiction is a proper defense to raise in a Rule 12(b) motion. A Rule 12(b) motion allows pre-answer dismissals for several thresholds, including lack of subject-matter jurisdiction, which means the court doesn’t have power to hear the case in the first place. If the court determines there is no subject-matter jurisdiction, it must dismiss regardless of the party’s claims or defenses. Hearsay objections, evidentiary admissibility, and jury instruction issues are concerns for the evidence phase or post-trial, not defenses that a Rule 12(b) motion can raise.