Who may file a Rule 12(b) motion to dismiss?

• A. The plaintiff
• B. The defendant
• C. The judge
• D. The clerk

Answer: (B)

Rule 12(b) motions to dismiss are defenses raised before a party answers the complaint. They let a party challenge the pleadings on grounds like lack of jurisdiction, improper venue, insufficient process or service, failure to join a necessary party, or failure to state a claim. Because these are defenses to the plaintiff’s action, the party who files the motion is the defendant—the one being sued. The plaintiff brings the complaint and does not normally file a Rule 12(b) motion to dismiss their own claim; the judge can dismiss sua sponte, but that isn’t a filing by a party, and the clerk doesn’t file such motions. So the defendant is the appropriate filer.