A party who makes a motion under Rule 12 may join with it the other motions herein provided for and then available to him. If a party makes a motion under Rule 12 but omits therefrom any defense or objection then available to him which Rule 12 permits to be raised by motion, he shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in paragraph (2) of Rule 12.08 on any of the grounds there stated.
Rule 12.07.Consolidation of defenses in motion.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 12.07 requires a party filing a Rule 12 motion to join every other Rule 12 defense or objection then available, and bars a later separate motion on anything left out, except the defenses Rule 12.08(2) specifically preserves.
Full Text of Rule 12.07
Amendment History
(Amended November 21, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 12.07 pushes parties to raise their procedural objections together instead of one at a time. A party who files a motion under Rule 12, say, to dismiss for improper venue, must fold in every other Rule 12 defense that is available at that point, such as insufficient service of process or lack of personal jurisdiction.
Leaving one out has a cost. A defense or objection that Rule 12 allowed to be raised by motion, but that was left out of the first motion, cannot be the basis of a second, separate motion later. The one exception is the set of defenses listed in Rule 12.08(2), which are not lost by omission and can still be raised in a pleading, by motion for judgment on the pleadings, or at trial.
Frequently Asked Questions
What happens if I leave a defense out of my Rule 12 motion?
A defense or objection available under Rule 12 that is omitted from the first Rule 12 motion cannot form the basis of a later, separate motion, unless it falls within the grounds preserved by Rule 12.08(2).
Do I have to combine all my Rule 12 defenses into one motion?
Yes. A party making a motion under Rule 12 must join it with the other Rule 12 motions available at the time, rather than filing them one after another.
Is failure to state a claim lost if I do not include it in my first motion?
No. Rule 12.08(2) specifically exempts failure to state a claim, along with two other grounds, from the consolidation requirement.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 12.07). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: combining Rule 12 motionswaiver of defenses in motion to dismissconsolidation of defensesomitted defense waived Kentuckyjoining Rule 12 motionsCR 12.07