Can you file a motion to dismiss after filing an answer?

Answer by  hashbrown64 (221)

In federal court, if you file an answer before a motion to dismiss, you've waived your right to bring a motion to dismiss under Federal Rule of Civil Procedure 12(b)(2)-(5). You can still, however, bring a motion to dismiss under 12(b)(1), (6), or (7).

Answer by  Jackson78 (145)

Generally, you can file anything you want, including something as silly as a motion to declare yourself King of Neptune. Ask yourself if it makes any sense (will you win or is it frivolous) and what do the local court rules say about the requirements to do so?