Waived Motions/ Compulsory Counterclaims

[psyduckiscool]

Hey guys,

I know the 12b2-12b5 motions are waived if not made in the answer or as a motion prior to the answer and compulsory counterclaims must be in the answer as well. Can you make these in an amendment after your answer and still be okay or are these lost forever?

Thanx

[BVest]

Hey guys,

I know the 12b2-12b5 motions are waived if not made in the answer or as a motion prior to the answer and compulsory counterclaims must be in the answer as well. Can you make these in an amendment after your answer and still be okay or are these lost forever?

Thanx

You can in an amendment as a matter of course under 15(a). That's in the 12(h) language.

I don't know if there's authority one way or another for other amendments, but rules of construction would seem to indicate that you cannot.