Rule 10-322 Defenses and objections; when and how presented; by pleading or motion.

A. When presented. A respondent in a proceeding may serve a response within twenty (20) days after the service of the summons and petition. Unless a different time is fixed by the court, after service of a motion under Paragraph B of this rule, any responsive pleading shall be filed within ten (10) days after the denial of the motion. Although a response to a petition is not required, the effect of failure to respond is a general denial, and any defense in law or in fact which is not affirmatively pled by a respondent may be deemed waived, provided that the court shall allow such a defense for good cause shown.

B. How presented. Every defense, in law or fact, to a claim for relief in any pleading shall be asserted in the responsive pleading, except that the following defenses may, at the option of the respondent, be made by motion:

(1) lack of jurisdiction over the subject matter;

(2) lack of jurisdiction over the person;

(3) improper venue;

(4) insufficiency of process;

(5) insufficiency of service of process;

(6) failure to state a claim upon which relief can be granted;

(7) failure to join a necessary party. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.