(a) Defenses to be Asserted. Every defense, in law or fact, shall be asserted in the responsive pleading except that the following defenses may be asserted by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; and (5) insufficiency of service of process.
Rule 106.Defenses
Adopted July 1, 2016 · Last verified July 8, 2026
In one sentenceRule 106 lists the five defenses, lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, and insufficient service, that a Family Division party may raise by motion instead of in the answer, and provides that all but subject-matter jurisdiction are waived if not raised in the responsive pleading or by motion.
Full Text of Rule 106
(b) Waiver or Preservation of Certain Defenses. A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service is waived if omitted from a responsive pleading or not made by motion. Whenever the court finds that it lacks jurisdiction over the subject matter, the court shall dismiss the action.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
Changes were made to 106(a) to correct typographical errors.
Plain-English Summary
Every defense must go in the responsive pleading, with one exception: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process may instead be raised by motion. A party who omits a defense of personal jurisdiction, venue, insufficient process, or insufficient service from both the responsive pleading and any motion waives it. Subject-matter jurisdiction works differently: it can't be waived, and if the court finds it lacks jurisdiction over the subject matter at any point, it must dismiss the action.
Frequently Asked Questions
Which Family Division defenses can be raised by motion instead of in the answer?
Lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process.
What happens if a party doesn't raise a personal jurisdiction defense?
It's waived, if omitted from both the responsive pleading and any motion the party files.
Can a Family Division court proceed if it lacks subject-matter jurisdiction?
No. Unlike the other listed defenses, subject-matter jurisdiction can't be waived, and the court must dismiss the action once it finds jurisdiction is lacking.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 106), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: family division defenses Mainelack of jurisdiction motion family courtwaiver of defenses Rule 106