Which defenses must be raised before the close of trial?

• A. Lack of personal jurisdiction; improper venue
• B. Necessary party; failure to state a claim
• C. Lack of subject matter jurisdiction; failure to state a claim
• D. Res judicata; collateral estoppel

Answer: (B)

The main idea here is that some defenses go to the structure and viability of the case and must be raised early, before the trial ends, to avoid proceeding without necessary elements or with legally defective pleadings.

A defense that a party is indispensable or necessary to the action must be raised promptly. If a party whose participation is essential cannot be joined, the case cannot proceed properly, so the absence of that party needs to be addressed before trial. Raising this early helps ensure the court can provide meaningful relief and that all interests are protected.

A failure to state a claim is a pleading defect that the defendant should challenge early, typically through a pre-trial motion to dismiss. If the claim does not allege facts giving rise to a legal remedy, the action should not go forward to trial, and addressing it before trial avoids wasting time and resources.

Other defenses, like lack of subject matter jurisdiction, can sometimes be raised later or on appeal, and certain waivable defenses (such as some lack-of-jurisdiction or venue issues) may be forfeited if not raised timely. That’s why the combination of necessary party and failure to state a claim best fits the requirement to be raised before the close of trial.