Legal Question in Civil Litigation in Virginia

Re: Reserving rights to FRCP 12(b) defenses?

Read Rule 12. You can raise these defenses in an Answer, or you can file a motion. If you file a pre-Answer motion, essentially you MUST raise all Rule 12(b) defenses or risk them being deemed waived. Do not, however, try to do this on your own. If you have been sued in U.S. District Court, get a lawyer. It is not a friendly place for pro se defendants.

Re: Reserving rights to FRCP 12(b) defenses?

You need to review FRCP Rule 8(b): DEFENSES FORM OF DENIALS. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.

What does this mean? Simply, that whatever defense it is that you're asserting in your

answer that you add a brief explanatory sentence or two which(hopefully)explains and supports it--at least somewhat, and that you then vigorously

deny whatever it is that the plaintiff is trying to hang you with(the averments) in their initial pleading.

Don't just say the court lacks jurisdiction(if that's your defense) without offering a brief explanation as to why.

Also, here's a piece of purely gratuitous advice:

If you're going to try to represent yourself in U.S, Disrict Court, consider spending a couple

hundred dollars to consult with an attorney who

has experience in this forum, and who will be able to offer you very valuable advice.