Why would a defendant file a Rule 12(b) motion to dismiss instead of filing an answer?

• A. Because motions to dismiss resolve the case early if successful
• B. Because the court always grants motions to dismiss
• C. If the motion is successful and the case is terminated, there is no need to file an Answer, engage in discovery, or prepare for trial
• D. Because a party must file a motion before an answer

Answer: (C)

Rule 12(b) motions are used to challenge the case before a defendant files an answer, by arguing that the plaintiff’s claim or the court’s jurisdiction is defective. The main practical benefit is that, if the motion is granted, the entire case is terminated without the defendant having to respond with an Answer, engage in discovery, or prepare for trial. This pre-answer screening saves time and resources and potentially ends litigation early when the pleading defects are clear.

The other statements don’t capture this strategic advantage as precisely. A pre-answer dismissal can resolve the case early if successful, but that outcome isn’t guaranteed and the court may deny the motion. It’s not true that the court always grants such motions. And while defenses under Rule 12(b) are typically raised before pleading, there are circumstances where a defendant may proceed with an answer or raise defenses later, so it isn’t a strict rule that a motion must precede any answer in every situation.