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?