(a) Defenses not waived. — A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits.
Rule 2-324.Preservation of certain defenses
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-324 protects a short list of defenses — failure to state a claim, failure to join a party, failure to state a legal defense, and governmental immunity — from being lost even if not raised right away, and requires dismissal any time the court lacks subject matter jurisdiction.
Full Text of Rule 2-324
(b) Subject matter jurisdiction. — Whenever it appears that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from the 1966 version of Fed. R. Civ. P. 12 (h) (2) and former Rule 323 b.
Section (b) is derived from the 1966 version of Fed. R. Civ. P. 12 (h) (3).
Plain-English Summary
Most defenses have to be raised on a strict timetable or they disappear. Rule 2-324 carves out an exception for four of them: failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, an objection that a pleading fails to state a legal defense to a claim, and governmental immunity. A party can raise any of these in any pleading, by a motion for summary judgment under Rule 2-501, or even at trial on the merits — none of the usual waiver rules that apply to other preliminary defenses under Rule 2-322 apply here.
Subject matter jurisdiction gets even stronger protection. The rule doesn't just let a party raise it late — it requires the court to dismiss the action on its own, whenever it becomes apparent that jurisdiction over the subject matter is missing, regardless of whether any party raised the issue.
Frequently Asked Questions
Can I still raise failure to state a claim after I've already answered?
Yes. Rule 2-324 lets you raise failure to state a claim upon which relief can be granted in any pleading, by a motion for summary judgment, or at trial — it isn't waived by missing an earlier deadline.
What happens if a court realizes late in a case that it lacks subject matter jurisdiction?
The court must dismiss the action. This applies whenever the lack of subject matter jurisdiction becomes apparent, even without a motion from either party.
Which defenses does Rule 2-324 protect from waiver?
Failure to state a claim, failure to join a party under Rule 2-211, failure to state a legal defense to a claim, and governmental immunity.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: waiver of defenses maryland civil proceduresubject matter jurisdiction dismissal marylanddefenses not waived marylandfailure to state a claim raised late maryland