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Rule 2-324 – Preservation of Certain Defenses

May 13, 2021 | Civil Prodcedure, Maryland

(a) Defenses Not Waived. A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits.
(b) Subject Matter Jurisdiction. Whenever it appears that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

Md. R. Civ. P. Cir. Ct. 2-324

This Rule is derived as follows:

Section (a) is derived from the 1966 version of Fed. R. Civ. P. 12(h)(2) and former Rule 323 b.

Section (b) is derived from the 1966 version of Fed. R. Civ. P. 12(h)(3).

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.