Rule 12. Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on Pleadings

(a) When Presented. A defendant shall serve an answer

within 20 days after the service of the summons and complaint

upon that defendant, unless otherwise directed when service of

process is made pursuant to Rule 4(e). A party served with a

pleading stating a cross-claim against that party shall serve an

answer thereto within 20 days after the service upon that party.

The plaintiff shall serve a reply to a counterclaim in the answer

within 20 days after service of the answer or, if a reply is

ordered by the court, within 20 days after service of the order,

unless the order otherwise directs. The state or an officer or

agency thereof shall serve an answer to the complaint or to a

cross-claim, or a reply to a counterclaim, within 40 days after

the service upon the attorney general of the pleading in which

the claim is asserted. A non-governmental party shall serve an

answer to the complaint or to a cross-claim, or a reply to a

counterclaim within 40 days after service upon an officer or

agency of the state appointed, authorized, or designated as

agent to receive service for such party pursuant to statute. An

individual in a foreign country who is served with a summons

and complaint under subsection (d)(13) of Rule 4 shall serve

an answer to the complaint or to a cross-claim, or a reply to a

counterclaim, within 40 days after service upon that individual.

The service of a motion permitted under this rule alters these

periods of time as follows, unless a different time is fixed by

order of the court: (1) if the court denies the motion or

postpones its disposition until the trial on the merits, the

responsive pleading shall be served within 10 days after notice

of the court’s action; (2) if the court grants a motion for a more

definite statement the responsive pleading shall be served

within 10 days after the service of the more definite statement.

nt time is fixed by

order of the court: (1) if the court denies the motion or

postpones its disposition until the trial on the merits, the

responsive pleading shall be served within 10 days after notice

of the court’s action; (2) if the court grants a motion for a more

definite statement the responsive pleading shall be served

within 10 days after the service of the more definite statement.

(b) How Presented. Every defense, in law or fact, to a

claim for relief in any pleading, whether a claim, counterclaim,

cross-claim, or third-party claim, shall be asserted in the

responsive pleading thereto if one is required, except that the

following defenses may at the option of the pleader be made

by motion: (1) lack of jurisdiction over the subject matter, (2)

lack of jurisdiction over the person, (3) improper venue, (4)

insufficiency of process, (5) insufficiency of service of

process, (6) failure to state a claim upon which relief can be

granted, (7) failure to join a party under Rule 19. A motion

making any of these defenses shall be made before pleading if

a further pleading is permitted. No defense or objection is

waived by being joined with one or more other defenses or

objections in a responsive pleading or motion. If a pleading

sets forth a claim for relief to which the adverse party is not

required to serve a responsive pleading, the adverse party may

assert at the trial any defense in law or fact to that claim for

relief. If, on a motion asserting the defense numbered (6) to

dismiss for failure of the pleading to state a claim upon which

relief can be granted, matters outside the pleading are

presented to and not excluded by the court, the motion shall be

treated as one for summary judgment and disposed of as

provided in Rule 56, and all parties shall be given reasonable

opportunity to present all material made pertinent to such a

motion by Rule 56. A decision granting a motion to dismiss is

not a final judgment under Civil Rule 58

can be granted, matters outside the pleading are

presented to and not excluded by the court, the motion shall be

treated as one for summary judgment and disposed of as

provided in Rule 56, and all parties shall be given reasonable

opportunity to present all material made pertinent to such a

motion by Rule 56. A decision granting a motion to dismiss is

not a final judgment under Civil Rule 58. When the decision

adjudicates all unresolved claims as to all parties, the judge

shall direct the appropriate party to file a proposed final

judgment. The proposed judgment must be filed within 20

days of service of the decision, on a separate document distinct

from any opinion, memorandum or order that the court may

issue.

(c) Motion for Judgment on the Pleadings. After the

pleadings are closed but within such time as not to delay the

trial, any party may move for judgment on the pleadings. If, on

a motion for judgment on the pleadings, matters outside the

pleadings are presented to and not excluded by the court, the

motion shall be treated as one for summary judgment and

disposed as provided in Rule 56, and all parties shall be given

reasonable opportunity to present all material made pertinent to

such a motion by Rule 56. A decision granting a motion for

judgment on the pleadings is not a final judgment under Civil

Rule 58. When the decision adjudicates all unresolved claims

as to all parties, the judge shall direct the appropriate party to

file a proposed final judgment. The proposed judgment must

be filed within 20 days of service of the decision, on a separate

document distinct from any opinion, memorandum or order

that the court may issue.

gment on the pleadings is not a final judgment under Civil

Rule 58. When the decision adjudicates all unresolved claims

as to all parties, the judge shall direct the appropriate party to

file a proposed final judgment. The proposed judgment must

be filed within 20 days of service of the decision, on a separate

document distinct from any opinion, memorandum or order

that the court may issue.

(d) Preliminary Hearings. The defenses specifically

enumerated (1)-(7) in subdivision (b) of this rule, whether

made in a pleading or by motion, and the motion for judgment

mentioned in subdivision (c) of this rule shall be heard and

determined before trial on application of any party, unless the

court orders that the hearing and determination thereof be

deferred until the trial.

(e) Motion for More Definite Statement. If a pleading

to which a responsive pleading is permitted is so vague or

ambiguous that a party cannot reasonably be required to frame

a responsive pleading, the party may move for a more definite

statement before interposing a responsive pleading. The

motion shall point out the defects complained of and the details

desired. If the motion is granted and the order of the court is

not obeyed within 10 days after notice of the order or within

such other times as the court may fix, the court may strike the

pleading to which the motion was directed or make such order

as it deems just.

(f) Motion to Strike. Upon motion made by a party

before responding to a pleading, or, if no responsive pleading

is permitted by these rules, upon motion by a party within 20

days after the service of the pleading upon the party or upon

the court’s own initiative at any time, the court may order

stricken from any pleading any insufficient defense or any

redundant, immaterial, impertinent, or scandalous matter.

. Upon motion made by a party

before responding to a pleading, or, if no responsive pleading

is permitted by these rules, upon motion by a party within 20

days after the service of the pleading upon the party or upon

the court’s own initiative at any time, the court may order

stricken from any pleading any insufficient defense or any

redundant, immaterial, impertinent, or scandalous matter.

(g) Consolidation of Defenses in Motion. A party who

makes a motion under the rule may join with it any other

motions herein provided for and then available to the party. If a

party makes a motion under this rule, but omits therefrom any

defense or objection then available to the party which this rule

permits to be raised by motion, the party shall not thereafter

make a motion based on the defense or objection so omitted,

except as provided in subdivision (h) (2) hereof on any of the

grounds there stated.

(h) Waiver or Preservation of Certain Defenses.

(1) A defense of lack of jurisdiction over the person,

improper venue, insufficiency of process, or insufficiency of

service of process is waived (A) if omitted from a motion in

the circumstances described in subdivision (g), or (B) if it is

neither made by motion under this rule nor included in a

responsive pleading or an amendment thereof permitted by

Rule 15 (a) to be made as a matter of course.

(2) A defense of failure to state a claim upon which relief

can be granted, a defense of failure to join a party

indispensable under Rule 19, and an objection of failure to

state a legal defense to a claim may be made in any pleading

permitted or ordered under Rule 7(a), or by motion for

judgment on the pleadings, or at the trial on the merits.

Rule 15 (a) to be made as a matter of course.

(2) A defense of failure to state a claim upon which relief

can be granted, a defense of failure to join a party

indispensable under Rule 19, and an objection of failure to

state a legal defense to a claim may be made in any pleading

permitted or ordered under Rule 7(a), or by motion for

judgment on the pleadings, or at the trial on the merits.

(3) Whenever it appears by suggestion of the parties or

otherwise that the court lacks jurisdiction of the subject matter

the court shall dismiss the action.

Note:

Ch. 77 SLA 2002 (HB 157), Section 2, adds new

Chapter 26 to Title 6 of the Alaska Statutes, concerning

providers of fiduciary services. According to Section 9 of the

Act, AS 06.26.760(b)(2) has the effect of amending Civil Rule

12 by postponing the deadlines for serving an answer to a

complaint, a third-party answer, a reply to a counterclaim, a

cross-claim, and an answer to a cross-claim by a trust company

in a civil action when the Department of Community and

Economic Development has taken possession of the trust

company.