Which statement about waivers under Rule 12(h) is true?

• A. Some defenses are waived if not properly asserted
• B. No defenses are waived
• C. All defenses are waived if not asserted in the complaint
• D. Waivers occur only in state court

Answer: (A)

Rule 12(h) deals with waivers of defenses that could be raised under Rule 12(b) (the list covers lack of subject-matter jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process, among others). The rule says that those defenses are waived if they are not raised at the proper time—in a pre-answer motion or in the answer. That makes the statement true: some defenses are waived if not properly asserted.

A helpful nuance is that not all defenses are waived—most notably, lack of subject-matter jurisdiction (Rule 12(b)(1)) isn’t waived under Rule 12(h) and can be raised at any time. Also, this waiver framework applies in federal court practice, not in state court.