Which rule addresses insufficiency of service of process?

• A. Rule 12(b)(4) Insufficiency of Process
• B. Rule 12(b)(3) Improper Venue
• C. Rule 12(b)(5) Insufficiency of Service of Process
• D. Rule 12(b)(2) Lack of Jurisdiction Over the Person

Answer: (C)

The key idea is recognizing which rule handles flaws in how the defendant was served with the lawsuit. When service of process isn’t proper, you raise a Rule 12 defense that specifically targets the delivery of the papers to the defendant. This rule is the one that addresses insufficiency of service of process, meaning the documents weren't served in the correct manner or with the proper person, timing, or method required by the rules.

Insufficiency of service of process is different from insufficiency of the process itself (the paperwork that starts the case) and from other issues like improper venue or lack of personal jurisdiction. If the service wasn’t proper, the court typically may dismiss the case against that defendant or allow re-service so the defendant can be properly served and the case can proceed.

So, the correct rule is the one that directly targets how service was executed, not the document's form or other procedural defects.