Which statement about Rule 12(h)(2) waivers is correct?

Which statement about Rule 12(h)(2) waivers is correct?

• A. They can be raised at any time, including trial or on appeal
• B. They must be raised in the initial pleading
• C. They cannot be raised after discovery
• D. They require court permission

Answer: (A)

Rule 12(h)(2) deals with waivers of defenses that aren’t among the defenses listed for automatic waiver elsewhere. It sets that those other defenses may be raised at any time, including during trial or on appeal. This ensures a party can bring up a defense even after the normal pleading deadlines have passed, so long as the defense hasn’t already been barred by a timely waiver. The other statements don’t fit because they imply limits that Rule 12(h)(2) doesn't impose: those defenses aren’t confined to the initial pleading, they can be raised after discovery, and they don’t require special court permission to bring up.

Rule 12(h)(2) deals with waivers of defenses that aren’t among the defenses listed for automatic waiver elsewhere. It sets that those other defenses may be raised at any time, including during trial or on appeal. This ensures a party can bring up a defense even after the normal pleading deadlines have passed, so long as the defense hasn’t already been barred by a timely waiver.

The other statements don’t fit because they imply limits that Rule 12(h)(2) doesn't impose: those defenses aren’t confined to the initial pleading, they can be raised after discovery, and they don’t require special court permission to bring up.