Under Rule 12h, which defenses are waived if omitted a motion or it is neither made by motion?

• A. Lack of Jurisdiction Over Person, Improper Venue, or Insufficiency of Process or Service of Process
• B. Only Lack of Jurisdiction
• C. Only Improper Venue
• D. Only Insufficiency of Service

Answer: (A)

Rule 12h identifies defenses that must be raised promptly or they are waived. In North Carolina, the defenses that must be asserted by motion or in the answer are lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process. If you omit raising any of these at the time of filing a motion or answering, that defense cannot be later brought up. The question therefore points to all four defenses being waived when not timely raised, which is why the best answer includes each of them.