![]() (e) failure to state a claim upon which relief can be granted and ![]() (b) lack of jurisdiction over the person (a) lack of jurisdiction over the subject matter 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 14 days after service of 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 14 days after the service of the more definite statement.Įvery 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: The plaintiff shall serve a reply to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party. Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043.
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