Practice question
A defendant timely files an answer expressly raising lack of personal jurisdiction as an affirmative defense under Rule8 §12. The plaintiff says filing any answer necessarily waives that very defense. Which is correct?
- The plaintiff is correct because Rule8 never permits the defense.
- The defense can only appear in an unfiled letter.
- The answer automatically proves that summons was properly served.
- The categorical waiver claim is incorrect; the Rules expressly permit timely assertion of this defense in the answer.
- The defendant's objection destroys subject-matter jurisdiction in every case.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.
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