Please take notice, that the undersigned will bring the above motion on for hearing before this Court at [specify name and location of court], on the [date set for hearing], at [time set for hearing] or as soon thereafter as counsel can be heard. Signed: ______________________________ Attorney for Defendant Address: ______________________________ Telephone: ______________________________ NOTE—The above motion and notice of motion may be combined and denominated Notice of Motion. See Rule 7(b). A motion to quash and not a motion to dismiss must be used to raise defenses (2)-(4), Rule 12(b), to avoid making a general appearance. [As amended; effective January 1, 2005.] Drafter’s Note 2004 Amendment The amendment to Form 19 is technical. Form 20. Answer Presenting Defenses Under Rule 12(b) First Defense The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of this court; and has not been made a party. Third Defense Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint. Fourth Defense The right of action set forth in the complaint did not accrue within six years next before the commencement of this action. Counterclaim (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.) Cross-Claim Against Defendant M. N. (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.) NOTE—The above form contains examples of certain defenses provided for in Rule 12(b). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss. The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under Rules 19 and 21 for the citing in of the party rather than an abatement of the action. The third defense is an answer on the merits. The fourth defense is one of the affirmative defenses provided for in Rule 8(c). The answer also includes a counterclaim and a cross-claim. Form 21. Answer to Complaint Set Forth in Form 8, With Counterclaim for Interpleader Defense Defendant denies the allegations stated to the extent set forth in the counterclaim herein.

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