Rule 29.Defenses; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses; Pretrial Hearing

Part II. Pleadings and Motions · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 29 lists the six defenses that may be raised by motion instead of by responsive pleading, and says which of them are waived if they are not raised in time.

Full Text of Rule 29

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Certain Defenses. Every defense to a claim for relief in any pleading must be asserted in a responsive pleading if one is required. However, a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process; and

(6) failure to state a claim upon which relief can be granted.

(b) Time to Assert Certain Defenses. A motion asserting any of these defenses under section (a) must be made before filing a responsive pleading, if one is required, except that a motion for lack of subject matter jurisdiction may be made at any time. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim.

(c) Motion for Judgment on the Pleadings. A party may move for judgment on the pleadings within such time so as not to delay trial.

(d) Result of Presenting Matters Outside the Pleadings. On a motion under subpart (a)(6) or section (c), if matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 79. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

(e) Motion to Strike. Subject to the limits of Arizona Rule of Civil Procedure 7.1(f), the court may strike from a pleading or motion an insufficient claim or defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

(1) on its own; or

(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 20 days after the pleading is served.

(f) Motion for a More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before filing a responsive pleading. The motion must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

(g) Waiving and Preserving Certain Defenses.

(1) Waiver of Certain Defenses. A party waives any defense listed in subparts (a)(2) through (5) by failing to either:

(A) make it by motion under this rule; or

(B) include it in a responsive pleading or in an amendment to a pleading.

(2) How to Preserve Other Defenses. Failure to state a claim upon which relief can be granted, to join a person required by Rule 33(c), or to state a legal defense to a claim may be raised:

(A) in any pleading allowed or ordered under Rule 23;

(B) by a motion under this rule; or

(h) Disposition of Rule 29 Motions. Any motion raising a defense listed in Rule 29(a)(2) through (5) must be heard and decided before trial. A motion under Rule 29(a)(6) or 29(c) must be heard and decided before trial unless the court defers ruling until trial.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

Rule 29 is the pre-answer motion rule. Every defense must normally go in a responsive pleading, but six may be raised by motion first.

The six

Lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, and failure to state a claim on which relief can be granted.

A motion raising any of them must be made before filing a responsive pleading -- except subject-matter jurisdiction, which may be raised at any time. Where a claim requires no responsive pleading, an opposing party may assert any defense to it at trial.

Conversion to summary judgment

On a failure-to-state-a-claim motion or a motion for judgment on the pleadings, if matters outside the pleadings are presented and not excluded, the motion must be treated as one for summary judgment under Rule 79, and all parties must get a reasonable opportunity to present pertinent material. Note the cross-reference: summary judgment in Arizona family court is Rule 79, not the civil rule number a practitioner might reach for.

Striking, and more definite statements

Subject to the limits of Arizona Rule of Civil Procedure 7.1(f), the court may strike an insufficient claim or defense or any redundant, immaterial, impertinent or scandalous matter, on its own or on a party's motion made before responding or -- where no response is allowed -- within 20 days after service. Where a pleading is so vague that a response cannot reasonably be framed, a party may move for a more definite statement, pointing out the defects and the details wanted; failure to obey an order granting one within 10 days can cost the party the pleading.

Waiver

This is the trap. A party waives lack of personal jurisdiction, improper venue, insufficient process and insufficient service of process by failing either to raise them by motion under this rule or to include them in a responsive pleading or an amendment. By contrast, failure to state a claim, failure to join a person required by Rule 33(c), and failure to state a legal defense may still be raised in any pleading allowed under Rule 23, by motion, or at trial.

Section (h) then requires the four waivable defenses to be heard and decided before trial. A failure-to-state-a-claim motion or a motion for judgment on the pleadings must also be decided before trial unless the court defers ruling until trial.

Frequently Asked Questions

Which defenses can I raise by motion instead of in my response?

Rule 29(a) lists six: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, and failure to state a claim upon which relief can be granted.

Which defenses do I lose if I do not raise them early?

Rule 29(g)(1) waives lack of personal jurisdiction, improper venue, insufficient process and insufficient service of process if they are not made by motion under the rule or included in a responsive pleading or an amendment.

Can lack of subject-matter jurisdiction be raised late?

Yes. Rule 29(b) allows a motion for lack of subject matter jurisdiction to be made at any time.

What happens if I attach evidence to a motion to dismiss?

Rule 29(d) says that if matters outside the pleadings are presented and not excluded by the court, the motion must be treated as one for summary judgment under Rule 79, and all parties must be given a reasonable opportunity to present pertinent material.

Which rule governs summary judgment in an Arizona family law case?

Rule 79. Rule 29(d) makes the cross-reference expressly, which is worth noting because the number differs from the civil rule.

Must these motions be decided before trial?

Rule 29(h) requires any motion raising a defense listed in Rule 29(a)(2) through (5) to be heard and decided before trial. A motion under Rule 29(a)(6) or 29(c) must also be decided before trial unless the court defers ruling until trial.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: motion to dismissdefenseswaiver of defensesimproper venuepersonal jurisdictionfailure to state a claimjudgment on the pleadingsmotion to strikemore definite statementinsufficient service