Which defenses must be raised in the first pleading or by a motion to dismiss?

• A. Process, Service, Personal jurisdiction, and Venue
• B. Lack of standing and statute of limitations
• C. Failure to prosecute and res judicata
• D. Impleader and interpleader

Answer: (A)

The principle at play is that defenses attacking the court’s authority to hear a case must be raised early, in the initial pleading or by a motion to dismiss. Specifically, issues about how the case was brought and brought into court—insufficiency of the process, improper service of process, lack of personal jurisdiction over the defendant, and improper venue—must be raised at the outset. If these aren’t raised promptly, they’re typically waived, and the case proceeds in a court that may lack power or be improperly situated to hear it. The other options involve defenses or procedural devices that aren’t required to be raised at the outset (they can be raised later as affirmative defenses or through other mechanisms like adding parties), so they aren’t the best fit for this rule.