hmm... i dunno. seems to me rule 12 is fairly clear, though there is some wiggle room the court can use to apply it differently in different situations...
we haven't spent much time on 12(g), but it appears to allow the consolidation of defenses being relied upon by a party into a single pleading made available to the court, with the caveat that any defense omitted is waived (which would generally be true through the pleading process anyway)--with the exception of the defense of making a motion to dismiss for failure to state a claim upon which relief can be granted.
this makes sense because the defendant can't really move to dismiss the plaintiff's case as failing to state an actional complaint until the plaintiff has fully presented his case.
12(h)(1) basically says that if you want to claim lack of jurisdiction at any point, you better do so before the pleading process is over, otherwise you're waiving jurisdiction and submitting yourself to the court.
12(h)(2) allows non-informative defenses as motions to dismiss, judgment on the pleadings, and such
and 12(h)(3) allows the court to dismiss for lack of jurisdiction at its discretion if it should appear to it that it lacks jurisdiction... probably a response to the monkey play in Capron v. Van Noorden
am i off base here?
ruskie, get the E&E by Glannon. its a really good explanationI already have it, but it itsn't helpful in some topic areas. I looked at it the other night to try to get some additional information to clear up rules 12(h) and 12(g) and which motions could be filed at which point, but it had a very brief overview of pre-trial motions and nothing that explained the specific point that confused me. I agree with Nova, the wording of the rules can be tricky at times. I understoon 12(b) just fine but the application of 12(h) and 12(g) had me confused.
I actually do much better with Torts than with Civ Pro, but I have heard from people who were having trouble in Torts that E&E is the best commercial supplement for that course.