Rule 25 Effect of Proceeding After Motion or Amendment

A Amendment or Pleading Over After Motion; Nonwaiver of Defenses or Objections. When a motion to dismiss or a motion to strike an entire pleading or a motion for a judgment on the pleadings under TCR 21 is allowed, the court may, upon such terms as may be proper, allow the party to amend the pleading. In all cases where part of a pleading is ordered stricken, the pleading must be amended in accordance with TCR 23 D. By amending a pleading pursuant to this section, the party amending such pleading will not thereby be deemed to have waived the right to challenge the correctness of the court’s ruling.

B Amendment of Pleading; Objections to Amended Pleading Not Waived. If a pleading is amended, whether pursuant to section A or B of TCR 23 or section A of this rule or pursuant to other rule or statute, a party who has filed and received a court’s ruling on any motion directed to the preceding pleading does not waive any defenses or objections asserted in such motion by failing to reassert them against the amended pleading.

C Denial of Motion; Nonwaiver by Filing Responsive Pleading. If any objection or defense is raised by motion, and the motion is denied, the party filing the motion does not waive the objection or defense by filing a responsive pleading or by failing to reassert the objection or defense in the responsive pleading or by otherwise proceeding with the prosecution or defense of the action.