Which rule governs raising lack of subject matter jurisdiction?

• A. Rule 12(b)(1)
• B. Rule 12(h)(3)
• C. Rule 12(e)
• D. Rule 56

Answer: (B)

The key principle is that lack of subject-matter jurisdiction can be challenged at any stage of the proceedings. This protective rule is found in Rule 12(h)(3), which states that lack of subject-matter jurisdiction may be raised at any time. That means a court can address SMJ even late in a case, or on appeal, and it can be raised by the parties or by the court sua sponte. While other rules govern raising different defenses or procedural defects, they don’t establish this broad, time-insensitive ability to raise SMJ. So the rule that governs raising lack of subject-matter jurisdiction is the one that explicitly allows it to be raised at any time.