Indiana Rules of Trial Procedure

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

Effective July 1, 2026

(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.