Form 20 – Answer Presenting Defenses Under Rule 12(b)

Form 20. Answer Presenting Defenses Under Rule 12(b)

  • First Defense

    The complaint fails to state a claim against defendant upon which relief can be granted.

    Second Defense

    If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party.

    Third Defense

    Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

    Fourth Defense

    The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.


    (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)

                                    Cross-Claim Against Defendant M. N.

    (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.)

    NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss.

    The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action.

    The third defense is an answer on the merits.

    The fourth defense is one of the affirmative defenses provided for in Rule 8(c).

    The answer also includes a counterclaim and a cross-claim.