§12-2012.

§12-2012.
   
            DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED; BY
                                      
                             PLEADING OR MOTION
                                      
   A. WHEN PRESENTED. A defendant shall serve his answer within twenty
   (20) days after the service of the summons and petition upon him,
   except as otherwise provided by the law of this state. Within twenty
   (20) days after the service of the summons and petition upon him, a
   defendant may file an appearance which shall extend the time to
   respond twenty (20) days from the last date for answering. The filing
   of such an appearance waives defenses of paragraphs 2, 3, 4, 5, 6, and
   9 of subsection B of this section. A party served with a pleading
   stating a cross-claim against him shall serve an answer thereto within
   twenty (20) days after the service upon him. The plaintiff shall serve
   his 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. The service of a motion permitted under this
   section or a motion for summary judgment alters these periods of time
   as follows, unless a different time is fixed by order of the court: if
   the court denies the motion or postpones its disposition until the
   trial on the merits, the responsive pleading shall be served within
   twenty (20) days after notice of the court's action.
   
   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;
   
   7. Failure to join a party under Section 19 of this act;
   
   8. Another action pending between the same parties for the same claim;
   
   9. Lack of capacity of a party to be sued; and
   
   10. Lack of capacity of a party to sue.
   
   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 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, he 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 of this subsection 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 all parties shall be
   given reasonable opportunity to present all material made pertinent to
   such a motion by the rules for summary judgment. A motion to dismiss
   for failure to state a claim upon which relief can be granted shall
   separately state each omission or defect in the petition, and a motion
   that does not specify such defects or omissions shall be denied
   without a hearing and the defendant shall answer within twenty (20)
   days after notice of the court's action.
   
   C. PRELIMINARY HEARINGS. The defenses specifically enumerated in
   paragraphs 1 through 10 of subsection B of this section, whether made
   in a pleading or by motion, and the motion to strike mentioned in
   subsection D of this section shall be heard and determined before
   trial on application of any party, unless the court orders that the
   hearing and determination thereof be deferred until the trial. If the
   court determines that venue is proper, the action shall not be
   dismissed for improper venue as a result of the jury's verdict or the
   subsequent ruling of the court on a demurrer to the evidence or a
   motion for a directed verdict.
   
   D. MOTION TO STRIKE. Upon motion made by a party before responding to
   a pleading or, if no responsive pleading is permitted by this act,
   upon motion made by a party within twenty (20) days after the service
   of the pleading upon him or upon the court's own initiative at any
   time, the court may order stricken from any pleading any insufficient
   defense. If, on a motion to strike an insufficient defense, matters
   outside the pleadings are presented to and not excluded by the court,
   the motion shall be treated as one for partial summary judgment and
   all parties shall be given reasonable opportunity to present all
   materials made pertinent to such a motion by the rules for summary
   judgment.
   
   E. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a motion
   under this section may join with it any other motions herein provided
   for and then available to him. If a party makes a motion under this
   section but omits therefrom any defense or objection then available to
   him which this section permits to be raised by motion, he shall not
   thereafter make a motion based on the defense or objection so omitted,
   except a motion as provided in paragraph 2 of subsection F of this
   section on the grounds there stated. The court in its discretion may
   permit a party to amend his motion by stating additional defenses or
   objections if such amendment is sought at least five (5) days before
   the hearing on the motion.
   
   F. WAIVER OR PRESERVATION OF CERTAIN DEFENSES.
   
   1. A defense of lack of jurisdiction over the person, improper venue,
   insufficiency of process, insufficiency of service of process, failure
   to state a claim upon which relief can be granted, or lack of capacity
   of a party to be sued is waived:
   
   a. if omitted from a motion that raises any of the defenses or
   objections which this section permits to be raised by motion, or
   
   b. if it is not made by motion and it is not included in a responsive
   pleading or an amendment thereof permitted by subsection A of Section
   15 of this act to be made as a matter of course. A motion to strike an
   insufficient defense is waived if not raised as in subsection D of
   this section.
   
   2. A defense of failure to join a party indispensable under Section 19
   of this act may be made in any pleading permitted or ordered under
   subsection A of Section 7 of this act or at the trial on the merits. A
   defense of another action pending between the same parties for the
   same claim or a defense of lack of capacity of a party to sue may be
   made in any pleading permitted or ordered pursuant to the provisions
   of subsection A of Section 7 of this act or at the pretrial
   conference.
   
   3. 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.
   
   G. FINAL DISMISSAL ON FAILURE TO AMEND. On granting a motion to
   dismiss a claim for relief, the court shall grant leave to amend if
   the defect can be remedied and shall specify the time within which an
   amended pleading shall be filed. If the amended pleading is not filed
   within the time allowed, final judgment of dismissal with prejudice
   shall be entered on motion except in cases of excusable neglect. In
   such cases amendment shall be made by the party in default within a
   time specified by the court for filing an amended pleading. Within the
   time allowed by the court for filing an amended pleading, a plaintiff
   may voluntarily dismiss the action without prejudice.