(DOWNLOAD) "Board of County Commissioners of County of Teller v. District Court" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Board of County Commissioners of County of Teller v. District Court
- Author : Colorado Supreme Court
- Release Date : January 20, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The defenses of insufficiency of process and lack of jurisdiction over the person are defenses which may be made by motion under C.R.C.P. 12(b). Our rule 12(b) is patterned after rule 12(b) of the Federal Rules of Civil Procedure and like its federal counterpart is based on the theory that the quick presentation of defenses and objections should be encouraged and that successive motions which prolong such presentation should be carefully limited. 2A Moores Federal Practice para. 12.12. C.R.C.P. 12(g) and 12(h)(1) make it expressly clear that if a party makes a motion under rule 12(b) and in doing so omits the defense of lack of jurisdiction over the person or insufficiency of process, and such defenses were available to him at the time the motion was made, then the omitted defenses are waived, and the defendant may not raise them by subsequent motion or in his answer.