When can a defendant challenge jurisdiction or service of process?

When can a defendant challenge jurisdiction or service of process?

• A. Only after a default is entered.
• B. By filing an answer and a separate motion after the time to respond has expired.
• C. By filing an answer or motion within the time permitted.
• D. By filing a request for the court to reassign the case.

Answer: (C)

The ability to challenge jurisdiction or service of process comes from Rule 12 defenses, which must be raised promptly in the response to the complaint. A defendant may challenge these issues by either filing an answer that includes the defense or by filing a separate motion to dismiss within the time allowed to respond. If these challenges are not made in that time, the defenses can be waived, and the case can proceed. This is why waiting until after a default has been entered isn’t the right path—the issue needs to be raised while the defendant is still responding to the suit. Filing a request to reassign the case doesn’t address jurisdiction or service, and filing a separate motion after the response period has expired is untimely.

The ability to challenge jurisdiction or service of process comes from Rule 12 defenses, which must be raised promptly in the response to the complaint. A defendant may challenge these issues by either filing an answer that includes the defense or by filing a separate motion to dismiss within the time allowed to respond. If these challenges are not made in that time, the defenses can be waived, and the case can proceed.

This is why waiting until after a default has been entered isn’t the right path—the issue needs to be raised while the defendant is still responding to the suit. Filing a request to reassign the case doesn’t address jurisdiction or service, and filing a separate motion after the response period has expired is untimely.