12(g) and (h)

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onthecusp
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12(g) and (h)

Postby onthecusp » Sun May 15, 2011 7:48 pm

For anyone, what exactly is the purpose of rule 12(g), and why do I have this in my notes as something to review? What exactly does joining motions mean? It it just if I want to make a Rule 12 motion, whenever I choose to do so I better get them all out at once, because I can't make rule 12 motions twice?

flcath
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Re: 12(g) and (h)

Postby flcath » Sun May 15, 2011 8:04 pm

onthecusp wrote:For anyone, what exactly is the purpose of rule 12(g), and why do I have this in my notes as something to review? What exactly does joining motions mean? It it just if I want to make a Rule 12 motion, whenever I choose to do so I better get them all out at once, because I can't make rule 12 motions twice?

I thought only the 'disfavored' 12(b) grounds (PJ, venue, service) were move-it-or-lose-it.

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onthecusp
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Re: 12(g) and (h)

Postby onthecusp » Sun May 15, 2011 8:09 pm

flcath wrote:
onthecusp wrote:For anyone, what exactly is the purpose of rule 12(g), and why do I have this in my notes as something to review? What exactly does joining motions mean? It it just if I want to make a Rule 12 motion, whenever I choose to do so I better get them all out at once, because I can't make rule 12 motions twice?

I thought only the 'disfavored' 12(b) grounds (PJ, venue, service) were move-it-or-lose-it.


That's what I thought. But the rule says "Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

12(h) talks about the 12(b)(2-5) defenses

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Merr
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Re: 12(g) and (h)

Postby Merr » Mon May 16, 2011 1:52 am

onthecusp wrote:For anyone, what exactly is the purpose of rule 12(g), and why do I have this in my notes as something to review? What exactly does joining motions mean? It it just if I want to make a Rule 12 motion, whenever I choose to do so I better get them all out at once, because I can't make rule 12 motions twice?


I think that's right with some exceptions like SMJ you have to shoot you 12b wad at once.

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JusticeHarlan
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Re: 12(g) and (h)

Postby JusticeHarlan » Mon May 16, 2011 7:03 am

onthecusp wrote:
flcath wrote:
onthecusp wrote:For anyone, what exactly is the purpose of rule 12(g), and why do I have this in my notes as something to review? What exactly does joining motions mean? It it just if I want to make a Rule 12 motion, whenever I choose to do so I better get them all out at once, because I can't make rule 12 motions twice?

I thought only the 'disfavored' 12(b) grounds (PJ, venue, service) were move-it-or-lose-it.


That's what I thought. But the rule says "Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

12(h) talks about the 12(b)(2-5) defenses

12(h)(1) talks about the 12(b)(2)-(5) defenses, but 12(h)(1) isn't an exception to 12(g)(2), which comports with the idea that 12(b)(2)-(5) are now or never. The exceptions to 12(g)(2) are 12(h)(2) and 12(h)(3):

12(h)(2) says you can make a 12(b)(6) or 12(b)(7) later.

12(h)(3) says you can make a 12(b)(1) whenever, or the judge can do it themselves.

flcath
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Re: 12(g) and (h)

Postby flcath » Mon May 16, 2011 12:32 pm

Dear 0Ls out there:

This thread provides a voyeuristic glimpse into the wonderful world of Civ Pro.

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JusticeHarlan
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Re: 12(g) and (h)

Postby JusticeHarlan » Mon May 16, 2011 4:04 pm

flcath wrote:Dear 0Ls out there:

This thread provides a voyeuristic glimpse into the wonderful world of Civ Pro.

Oh, don't scare them off. Civ Pro is great! It's not all boring and technical rules. There's awesome cases like this, too.




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