Sunday, January 29, 2017

FRCP 12(b) (Defenses) - clarification

Professor Wasserman,

From my reading of 12(b):

Rule 12(b) mentions being able to assert any defense at trial if a claim for relief does not require a responsive pleading. Under what circumstances would a claim for relief not require a responsive pleading?

Rule 12(a)(1) seems to indicate you will always have to serve an answer to a complaint, counterclaim, or crossclaim, giving rise to my question.