Rule 12.Defenses and Objections — When and How Presented by Pleading or Motion — Motion for Judgment on Pleadings.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 12 sets deadlines for answering a complaint, lists the seven defenses a defendant can raise by motion instead of in an answer — including failure to state a claim — and governs motions for judgment on the pleadings, a more definite statement, and striking material from a pleading.
(A)Within twenty (20) days after the service of the summons, complaint, Language Assistance Notice, and all other required documents upon the defendant, unless the court directs otherwise when service of process is made pursuant to an order of court. Where service upon a defendant is made by publication of an order of notice, a defendant shall serve an answer within twenty (20) days after the last publication of said order of notice, or
(B)If service of the summons has been timely waived on request under Rule 4(d), within sixty (60) days after the date when the request for waiver was sent, or within ninety (90) days after that date if the defendant was addressed outside the United States.
(2)A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within twenty (20) days after being served. The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (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 ten (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 ten (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; and/or
(7)Failure to join an indispensable party. 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
(1)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 motion by Rule 56. A motion or an answer presenting the defense of failure of a pleading to state a claim upon which relief can be granted shall be accompanied by a short, concise statement of the grounds on which such defense is based.
(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) through (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 the 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 ten (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 twenty (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. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to the party. If a party makes a motion under this rule and does not include therein all defenses and objections then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on any of the defenses or objections so omitted, except as provided in subdivision (h) of this rule.
(h)Waiver of Defenses. A party waives all defenses and objections which the party does not present either by motion as hereinbefore provided or, if the party has made no motion, in the party's answer or reply, except (1) that the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, and the objection of failure to state a legal defense to a claim may also be made by a later pleading, if one is permitted, or by motion for judgment on the pleadings or at the trial on the merits, and except (2) that, 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. The objection or defense, if made at the trial, shall dismiss the action. The objection or defense, if made at the trial, shall be disposed of as provided in Rule 15(b) in the light of any evidence that may have been received.
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 12 starts with deadlines. A defendant generally must answer within twenty days after being served with the summons and complaint, or within twenty days after the last publication if served by a published notice of the court. If the defendant waived formal service under Rule 4(d), the answer is due sixty days after the waiver request was sent — ninety days if the defendant was addressed outside the United States. A party served with a cross-claim answers within twenty days, and a plaintiff replies to a counterclaim within twenty days after the answer is served (or after a court order requiring a reply). Filing certain motions resets these clocks: if the court denies the motion or defers it to trial, the responsive pleading is due within ten days of that ruling; if the court orders a more definite statement, the responsive pleading is due within ten days after the more definite statement is served.
Instead of raising every defense in an answer, a defendant may raise seven specific defenses by motion: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join an indispensable party. That sixth defense — failure to state a claim — is what’s commonly called a motion to dismiss. If the motion relies on material outside the pleadings and the court doesn’t exclude it, the motion converts into one for summary judgment under Rule 56, and both sides get a fair chance to submit supporting material. A motion or answer raising the failure-to-state-a-claim defense must include a short, concise statement of its grounds.
The rule also covers judgment on the pleadings (available once pleadings close, and also convertible to summary judgment if outside material comes in), motions for a more definite statement when a pleading is too vague to answer, and motions to strike insufficient defenses or redundant, immaterial, impertinent, or scandalous matter. A party who moves under this rule generally must consolidate every available defense into one motion — raising them piecemeal later is barred, subject to specific exceptions. And a party waives any defense not raised by motion or in the answer, except that failure to state a claim, failure to join an indispensable party, and lack of subject-matter jurisdiction survive that waiver and can still be raised later, including at trial.
Frequently Asked Questions
How long do I have to answer a complaint in Rhode Island Superior Court?
Generally twenty days after you're served with the summons and complaint. If you waived formal service under Rule 4(d), you get sixty days from when the waiver request was sent, or ninety days if you were addressed outside the United States.
What is a 12(b)(6) motion in Rhode Island?
It's a motion raising defense number six under Rule 12(b) — that the pleading fails to state a claim upon which relief can be granted. It must be filed before any further pleading and include a short, concise statement of its grounds. If it draws on evidence outside the pleadings that the court doesn't exclude, it turns into a summary judgment motion.
Can I raise more than one defense in the same motion?
Yes, and generally you must. A party who moves under Rule 12 has to join every defense then available in that same motion — raising an omitted defense in a later motion is barred, apart from a short list of defenses (like failure to state a claim or lack of subject-matter jurisdiction) that the rule lets survive.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 12). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:motion to dismissMTD12(b)(6) motionfailure to state a claimtime to answer a complaintmotion for more definite statementmotion to strikejudgment on the pleadings