§12.8 Strategic and Practical Considerations

JurisdictionWashington

§12.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

Know which defenses will and will not be waived if not timely asserted in a pleading or motion.

As a general rule, file your pleading asserting all rule 12 defenses that in good faith are applicable before you move for, or apply for, dismissal under CR 12(b), (c), or (d). If this practice is followed, you won't inadvertently waive a CR 12(b) defense by omitting it from the motion to dismiss.

As a defendant, promptly move to dismiss after you answer, if you have a basis for doing so under CR 12. By...

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