Rule 12.Defenses, objections, and motions on the pleadings

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceTrial Rule 12 lists the defenses — lack of jurisdiction, improper venue, defective service, failure to state a claim, and a duplicate suit in another Indiana state court among them — that a party may raise by motion instead of in an answer, with deadlines and waiver rules for each.

Full Text of Rule 12

Text sizeJump to: (A) (B) (C) (D) (C) (E) (F) (G) (H)

(A) When presented. The time allowed for the presentation of defenses and objections in a motion or responsive pleading is computed as set forth in this rule. Filing a motion permitted under this rule alters the time for filing a responsive pleading as follows, unless a different time is fixed by the court:

(1) if the court does not grant the motion, the responsive pleading must be filed within ten days of the order;

(2) if the court grants the motion and corrective action is permitted, an amended pleading taking the corrective action must be filed within ten days of the order, and the responsive pleading must be filed within ten days thereafter.

(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, must be asserted in the responsive pleading thereto if one is required; except that at the option of the pleader, the following defenses may be made by motion:

(1) Lack of jurisdiction over the subject matter;

(2) Lack of jurisdiction over the person;

(3) Incorrect venue under Rule 75, or any statutory provision. The disposition of this motion must be consistent with Rule 75;

(4) Insufficiency of process;

(5) Insufficiency of service of process;

(6) Failure to state a claim upon which relief can be granted, which must include failure to name the real party in interest under Rule 17;

(7) Failure to join a party needed for just adjudication under Rule 19;

(8) The same action pending in another state court of this state. A motion making any of these defenses must be made before pleading if a further pleading is permitted or within twenty days after service of the prior pleading if none is required. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, any of the defenses in (B)(2), (3), (4), (5) or (8) is waived to the extent constitutionally permissible unless made in a motion within twenty days after service of the prior pleading. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. When a motion to dismiss is sustained for failure to state a claim under (B)(6), the pleading may be amended once as of right pursuant to Rule 15(A) within ten days after service of notice of the court’s order sustaining the motion and thereafter with permission of the court pursuant to such rule. If the court does not grant a motion making any of these defenses, the responsive pleading must be filed within ten days of the order under (A)(1). If, on a motion asserting the defense numbered (6) to dismiss for failure 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 must be treated as one for summary judgment and disposed of as provided in Rule 56. In such case, all parties must be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

(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 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.

(D) Preliminary determination. Whether made in a pleading or by motion, the defenses specifically enumerated (1) to (8) in subdivision (B) of this rule, and the motion for judgment on the pleadings mentioned in subdivision

(C) of this rule shall, upon application of any party or by order of court, be determined before trial unless substantial justice requires the court to defer hearing until 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, a motion for a more definite statement may be filed before the responsive pleading. The motion must include all defects complained of and the details desired. If the motion is granted, the non-movant must file a corrective pleading within ten days of the order, or such other time as the court may fix. Failure to do so may result in striking of the pleading or such other relief as the court may order. If the motion is denied, the responsive pleading must be filed within ten days of the order under (A)(1).

(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 made by a party within twenty days after the service of the pleading or at any time upon the court’s own initiative, the court may order stricken from any pleading any insufficient claim or defense or any redundant, immaterial, impertinent, or scandalous matter.

(G) Consolidation of defenses in motion. Any motions or defenses under this rule may be consolidated in one motion. If a party makes a motion under this rule but omits any available defense or objection which this rule permits to be raised by motion, no motion based on the omitted defense or objection is permitted except as allowed under (H)(2).

(H) Waiver or preservation of certain defenses.

(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, or the same action pending in another state court of this state is waived to the extent constitutionally permissible:

(a) if omitted from a motion in the circumstances described in subdivision (G),

(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 an indispensable party under Rule 19(B), 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.

End

Amendment History

This rule’s current text took effect July 1, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Ordinarily, a party has to raise every defense to a claim in the responsive pleading itself. Rule 12(B) gives a pleader the option to raise eight specific defenses by motion instead: lack of subject-matter jurisdiction, lack of personal jurisdiction, incorrect venue, insufficient process, insufficient service of process, failure to state a claim on which relief can be granted (which includes failing to name the real party in interest), failure to join a party needed for a just adjudication, and — a defense with no federal counterpart — the same action already pending in another Indiana state court. A motion raising any of these has to be made before a further pleading is filed, or within twenty days after service of the prior pleading if no further pleading is required. Several of these defenses are waived if not raised in that window or in the first responsive pleading, though failure to state a claim, failure to join an indispensable party, and failure to state a legal defense can be raised later — in a pleading, by a motion for judgment on the pleadings, or even at trial.

The rule sets a tight, rule-driven clock once a court rules on one of these motions. If the motion is denied, the responsive pleading is due within ten days of the order. If it is granted and the pleader is allowed to fix the problem, the corrected pleading is due within ten days of the order, and the response to that is due within ten days after that. When a motion to dismiss for failure to state a claim is granted, the pleader gets one amendment as a matter of right within ten days after being notified of the order, and needs the court’s permission after that. If a motion to dismiss brings in evidence from outside the pleadings that the court does not exclude, the motion converts into a motion for summary judgment, and every party gets a fair opportunity to submit supporting material.

Beyond the dismissal motions, Rule 12 covers three related tools. A motion for judgment on the pleadings can be filed once the pleadings are closed, as long as it will not delay trial, and it converts to summary judgment the same way a dismissal motion does if outside evidence comes in. A motion for a more definite statement lets a party ask the court to order the other side to clarify a pleading that is too vague to answer, before that party has to respond; if the motion is granted, the corrective pleading is due within ten days of the order. A motion to strike lets a party ask the court to remove an insufficient claim or defense, or redundant, immaterial, impertinent, or scandalous material, and the court can also act on its own. Rule 12(D) generally requires these defenses and motions to be decided before trial, and Rule 12(G) requires a party who moves under this rule to raise every available defense in that one motion or risk losing the ones left out.

Frequently Asked Questions

What is a motion to dismiss under Indiana Trial Rule 12?

It is a request asking the court to dismiss a claim, or the whole case, before it goes further, based on one of eight specific defects the rule lists — most commonly lack of jurisdiction, improper venue, defective service, or failure to state a claim.

What does “failure to state a claim upon which relief can be granted” mean in Indiana?

It means that even accepting the pleaded facts as true, the complaint does not describe a legal claim entitling the plaintiff to any remedy. This is the Rule 12(B)(6) defense, and if it is granted, the pleader generally gets one amendment as a matter of right within ten days of being notified of the order.

If my motion to dismiss is denied, when is my answer due?

Within ten days of the court’s order, unless the court sets a different deadline.

Can I lose the right to raise lack of personal jurisdiction or improper venue if I wait too long?

Yes. Those defenses, along with insufficient process, insufficient service of process, and the defense that the same action is pending in another Indiana state court, are waived if you do not raise them in your first motion or responsive pleading.

Is a failure-to-state-a-claim defense ever too late to raise?

No. That defense, along with failure to join an indispensable party and failure to state a legal defense, can be raised in a pleading, by a motion for judgment on the pleadings, or even at trial.

What is the defense that “the same action is pending in another state court” — does federal court have this too?

No, this eighth defense is specific to Indiana practice. It lets a defendant seek dismissal when the same lawsuit is already pending in another Indiana state court, to avoid duplicate litigation over the same dispute.

What happens if the court looks at evidence outside my complaint when deciding a motion to dismiss?

If the court considers matters outside the pleadings and does not exclude them, the motion is treated as one for summary judgment, and every party must be given a reasonable chance to submit material relevant to that motion.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 12). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source

Also known as: motion to dismiss indianaMTDfailure to state a claim indianalack of jurisdiction motion indianaimproper venue motion to dismiss indianatrial rule 12 indianamotion for more definite statement indianawaiver of defenses indiana civil procedure