foxbatkllr
Sr Member
Originally posted by exoray+Feb 10 2006, 12:41 PM--><div class='quotetop'>QUOTE(exoray @ Feb 10 2006, 12:41 PM)</div><!--QuoteBegin-foxbatkllr@Feb 10 2006, 03:32 PM
You are correct. Federal courts have no special appearance rule. Rule 12b of the Federal Rules of Civil Procedure govern the rules for a motion to dismiss for lack of jurisdiction. Most states allow you to object to jurisdiction without submitting yourself to the jurisdiction of the court. Sorry, I'm still learning.
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And under that rule this is what I believe to be most important here...
(B) How Presented.
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
In short you can answer with certain types of motions...
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Yup, I got mixed up between Fed and State courts. My trusty copy of FRCP set me straight though.