Plaintiff sued defendant in federal court for civil rights violations arising out of an arrest. Two weeks after answering the complaint, the defendant realized that he failed to include three defenses in his answer: lack of venue, failure to join an indispensable party, and statute of limitations. Can he still raise these defenses? Why or why not? If so, how? What further information do you need?
If the answering of the complaint was the first response of the defendant then he relinquished his improper venue defense based on FRCP Rule 12(h)(3). Since the statue of limitations is a defense is under FRCP Rule 8(c) as mandatory affirmative defenses that must be included in an answer that has to be included unless failing to plead it did not harm the plaintiff’s strategy according to Carter v US.
I'm not quite sure about failure to join an indispensable party.
Please help
