Rule 12.Defenses and Objections - When and How Presented - By Pleading or Motion

Part III. Pleadings and Motions · Last verified September 4, 2026

In one sentenceRule 12 gives 20 days to respond to a pleading, lists nine defenses that may be raised by motion instead of in the answer, and provides that most of them are waived if left out.

Full Text of Rule 12

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

(a) When Presented.

(1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

(2) The service of a motion permitted under this rule alters this period of time as follows, unless a different time is fixed by order of the court: (i) 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; (ii) 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. (Identical to Mass.R.Civ.P. 12(a))

(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;

(8) Misnomer of a party;

(9) Pendency of a prior action in a court of the Commonwealth.

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, he may assert at the trial any defense in law or fact to that claim for relief. If, on any 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. A motion, answer, or reply presenting the defense numbered (6) shall include a short, concise statement of the grounds on which such defense is based. (Identical to Mass.R.Civ.P. 12(b))

(d) Preliminary Hearings. The defenses specifically enumerated (1)-(9) in subdivision (b) of this rule, whether made in a pleading or by motion 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, he may move for a more definite statement before interposing his 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. Identical to Mass.R.Civ.P. 12(e)

(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 him or upon the court's own initiative at any time, the court may after hearing order stricken from any pleading any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter. (Identical to Mass.R.Civ.P. 12(f))

(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 him. If a party makes a motion under this rule but omits therefrom any defense or objection then available to him which this rule permits to be raised by motion, he shall not thereafter make a motion based on the defense or objection so omitted.

(h) Waiver or Preservation of Certain Defenses.

(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, misnomer of a party, or pendency of a prior action 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) Deleted.

(3) Whenever it appears by suggestion of a party or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

End

Plain-English Summary

Rule 12 is the response rule. Read it as three questions: how long, what can be raised by motion, and what is lost by not raising it.

How long

Subsection (a)(1) gives 20 days after service of a pleading requiring a responsive pleading, unless the court orders otherwise. Subsection (a)(2) resets that clock when a Rule 12 motion is served: if the court denies the motion or postpones it to trial, the responsive pleading is due within 10 days after notice of the court's action; if the court grants a motion for a more definite statement, within 10 days after service of the more definite statement.

The nine defenses

Every defense goes in the responsive pleading, except that these nine may be made by motion at the pleader's option: lack of subject matter jurisdiction; lack of jurisdiction over the person; improper venue; insufficiency of process; insufficiency of service of process; failure to state a claim; failure to join a party under Rule 19; misnomer of a party; and pendency of a prior action in a court of the Commonwealth.

The last of those is a Massachusetts item worth flagging — prior pending action is a Rule 12 defense here, and in a domestic relations context it is not an idle one where parallel complaints have been filed. Note too what is not on the list: the civil rule's tenth defense, improper amount of damages, has no domestic relations equivalent and does not appear.

A motion making any of these defenses must be made before pleading if a further pleading is permitted. No defense is waived by being joined with others. A motion, answer or reply presenting the failure-to-state-a-claim defense must include a short, concise statement of the grounds. If matters outside the pleading are presented on that defense and not excluded, the motion is treated as one for summary judgment under Rule 56 and all parties get a reasonable opportunity to present pertinent material.

Preliminary hearings, definite statements, striking

Under (d), the nine enumerated defenses, however raised, are heard and determined before trial on any party's application unless the court defers them to trial. Under (e), a party faced with a pleading too vague or ambiguous to answer may move for a more definite statement, pointing out the defects and the details wanted; if the order is not obeyed within 10 days the court may strike the pleading or make such order as it deems just. Under (f), the court may strike an insufficient defense or redundant, immaterial, impertinent or scandalous matter — on a party's motion before responding, or within 20 days after service where no responsive pleading is permitted, or on the court's own initiative at any time, after hearing.

What is waived

Subsection (g) requires a party making a Rule 12 motion to join every other then-available motion; a defense or objection omitted cannot be raised by a later motion. Subsection (h)(1) then makes the omission fatal for six of the nine — personal jurisdiction, improper venue, insufficiency of process, insufficiency of service, misnomer, and pendency of a prior action — if left out of that motion, or if neither made by motion nor included in a responsive pleading or an amendment allowed as of course under Rule 15(a). Subsection (h)(2) is deleted. Subsection (h)(3) preserves subject matter jurisdiction: whenever it appears, by a party's suggestion or otherwise, that the court lacks it, the court shall dismiss.

Subsection (c) is deleted, so there is no motion for judgment on the pleadings in this set.

Frequently Asked Questions

How long do I have to answer in a Massachusetts domestic relations case?

20 days after service of the pleading requiring a response, unless the court directs otherwise. Rule 12(a)(2) changes that if a Rule 12 motion is served: 10 days after notice of the court's action if the motion is denied or postponed to trial, or 10 days after service of a more definite statement if that motion is granted.

Which defenses can be raised by motion instead of in the answer?

Nine: lack of jurisdiction over the subject matter, lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, failure to join a party under Rule 19, misnomer of a party, and pendency of a prior action in a court of the Commonwealth.

Which defenses are waived if I leave them out?

Rule 12(h)(1) waives lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, misnomer of a party, and pendency of a prior action if omitted from a Rule 12 motion in the circumstances described in subdivision (g), or if neither made by motion nor included in a responsive pleading or an amendment allowed as of course under Rule 15(a).

Can lack of subject matter jurisdiction be waived?

No. Rule 12(h)(3) provides that whenever it appears by suggestion of a party or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

Is there a motion for judgment on the pleadings?

Not in this ruleset. Rule 12(c) is deleted. The civil rule's judgment on the pleadings has no domestic relations counterpart.

When does a motion to dismiss become a summary judgment motion?

When matters outside the pleading are presented to and not excluded by the court on a motion asserting the failure-to-state-a-claim defense. Rule 12(b) then requires the motion to be treated as one for summary judgment under Rule 56, with all parties given a reasonable opportunity to present material made pertinent by that rule.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: motion to dismissMTD20 days to answerwaiver of defensesmore definite statementmotion to strikeprior pending actionlack of jurisdiction12(b)(6)