Questions on Answers, Pre-Answer Motions, Defenses, Waiver of Defenses

1) P sues D for breach of contract. D’s answer includes the affirmative defense of laches, which is an equitable doctrine barring stale claims, similar to a statute of limitations for actions at law. Laches applies only to equitable actions. P’s action is an action at law and is inside the statute of limitation. P wants to remove this silly affirmative defense from consideration. What does P do?

2) P serves D in suit for battery. Within 21 days D makes a motion to dismiss for lack of PJ. D’s motion is rejected by the court. May D make another pre-answer motion to dismiss for improper venue? May D introduce venue as a defense in his answer? May D introduce failure to state a claim in a second pre-answer motion?  May D introduce failure to state a claim in his answer?  After the pleading period? In motion for j on the pleadings? May D introduce lack of SMJ in a second pre-answer motion? In his answer? After the pleading period?

3) P serves D in suit for battery. Within 21 days D answers. May D include with that answer the defense of lack of PJ? After the answer may D make a motion to dismiss for lack of SMJ? After the answer, may D ask for a judgment on the pleadings on the ground that P fails to state a claim? After the answer, may D make a motion to dismiss for insufficient service? May D save the defense of insufficient service by including it the answer by an amendment under R. 15 “as a matter of course”?

4) P serves D in suit for battery. Within 21 days D makes a motion for a more definite statement and a motion to dismiss for lack of PJ. The court grants the motion for a more definite statement but denies the motion to dismiss. P responds to the motion for a more definite statement, serving D with an amended complaint. D makes a motion to dismiss for failure to state a claim and a motion to dismiss for insufficient service. What result?

5) P files a complaint and serves D. D makes a pre-answer motion to dismiss for insufficiency of service. The court considers the pre-answer motion for 3 months. The day before the court renders its decision, P makes a motion to amend his complaint “as a matter of course." May P do so?

6) P files a complaint and serves D in accordance with R. 4. D answers, introducing the affirmative defense of statute of limitations. 25 days later, D makes a motion to amend his answer “as a matter of course” to include the defense of insufficiency of process. May he amend as a matter of course? If he is allowed to amend, is the insufficiency of service defense saved?

7) P files a complaint and serves D. D submits a pre-answer motion to dismiss for failure to state a claim. The next day, D attempts to amend his motion to introduce the defense of insufficient service. Can the defense be saved through the amendment?