Rule 12.Defenses and Objections — When and How Presented — By Pleading or Motion — Motion for Judgment on the Pleadings.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 12 sets the deadline to answer a complaint, lists the seven defenses that can be raised by motion before answering, and explains motions for judgment on the pleadings, for a more definite statement, and to strike.
(1)A defendant shall serve an answer within 20 days after being served with the summons and complaint, except when service is made under Rule 4(c) and a different time is prescribed in an order of court under a statute or rule of court.
(2)A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served. The plaintiff shall serve a reply to a counter-claim in the answer within 20 days after service of the answer or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
(3)The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court:
(A)if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action;
(B)if the court grants a motion for a more definite statement the responsive pleading shall be served within 10 days after the service of the more definite statement.
(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.
(c)Motion for judgment on the pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings 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.
(d)Preliminary hearings. The defenses specifically enumerated (1)-(7) in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this rule shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.
(e)Motion for 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 interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
(f)Motion to strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(g)Consolidation of defenses in motion. A party who makes a motion under this rule may join with it any other motions herein provided for and then available to the party. If a party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there stated.
(1)A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in subdivision (g) or (B) if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof permitted by Rule 15(a) to be made as a matter of course.
(2)A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by motion for judgment on the pleadings, or at the trial on the merits.
(3)Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
Amendment History
Amended May 15, 1972, effective July 1, 1972
further amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Rule 12 sets the clock and the menu for responding to a pleading. A defendant generally must answer within 20 days after being served, and a party served with a cross-claim or ordered to reply to a counterclaim gets the same 20 days. Rather than answering right away, a party may raise seven specific defenses by motion instead: lack of subject-matter or personal jurisdiction, improper venue, insufficiency of process or of service of process, failure to state a claim, and failure to join a required party; filing that motion resets the answer deadline depending on how the court rules.
The rule also covers what happens after the pleadings close or when a pleading is unclear: a party may move for judgment on the pleadings, for a more definite statement, or to strike redundant or scandalous matter, and if outside materials come in on a motion to dismiss for failure to state a claim or a motion for judgment on the pleadings, the court converts it into a motion for summary judgment under Rule 56. Rule 12 also decides what happens to defenses a party doesn't raise: several, including personal jurisdiction, venue, and insufficient process, are waived if left out of an early motion or the answer, while failure to state a claim, failure to join an indispensable party, and lack of subject-matter jurisdiction can be raised much later; the last of these, in fact, requires the court to dismiss the case whenever it becomes apparent, at any stage.
Frequently Asked Questions
How long does a defendant have to answer a complaint under Rule 12?
20 days after being served with the summons and complaint, unless service was made under Rule 4(c) and a court order or statute sets a different time.
What defenses can be raised by motion instead of in an answer?
Rule 12(b) lists seven: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, and failure to join a party under Rule 19.
Can a party raise lack of subject-matter jurisdiction at any point in the case?
Yes. Rule 12(h)(3) requires the court to dismiss the action whenever it appears, by suggestion of the parties or otherwise, that the court lacks subject-matter jurisdiction.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 12). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:motion to dismissdefenses and objectionsmotion for judgment on the pleadingswaiver of defenses