OH Bar Practice Questions - Ohio Bar Examination (Uniform Bar Examination) Exam

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A defendant is served with a complaint in federal court. The defendant believes the complaint fails to state a claim and also that venue is improper. To preserve both defenses, what must the defendant do?

Raise both defenses in the answer only; pre-answer motions waive them Raise improper venue and any other Rule 12(b) defenses together in a single pre-answer motion or in the first responsive pleading, or risk waiver of the venue defense File two separate motions, one for each defense, in any order Raise failure to state a claim in a pre-answer motion and venue in a later motion after discovery

Correct Answer:

Raise improper venue and any other Rule 12(b) defenses together in a single pre-answer motion or in the first responsive pleading, or risk waiver of the venue defense

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