![]() ![]() ![]() If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. 218, §19.Ī motion making any of these defenses shall be made before pleading if a further pleading is permitted. 212, §3 or in the District Court as set forth in G. (10) Improper amount of damages in the Superior Court as set forth in G. ![]() (9) Pendency of a prior action in a court of the Commonwealth (7) Failure to join a party under Rule 19 (6) Failure to state a claim upon which relief can be granted. (2) Lack of jurisdiction over the person (1) Lack of jurisdiction over the subject matter Rule 82: Jurisdiction and venue unaffectedĮvery defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:.Rule 80: Stenographic report or transcript.Rule 79: Books and records kept by the clerk and entries therein.Rule 71: Process in behalf of and against persons not parties.Rule 70: Judgment for specific acts: Vesting title.Rule 65.3: Proceedings for civil contempt.Rule 65.2: Redelivery of goods or chattels. ![]()
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