Rule 12. Defenses

A defendant shall answer as directed by the summons. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading or by motion before or at the time of trial. Except as provided by statute or these Rules, no defense shall be waived by failure to raise it prior to trial. However, when a defense is raised at trial or within such close proximity to the commencement of the trial as to give a party insufficient opportunity to prepare a defense, the judge then presiding shall grant, upon motion or request, a 15 day continuance to the party in order that the party will not be prejudiced. Whenever it appears by suggestion of the parties or otherwise that the Court lacks jurisdiction of the subject matter, the Court shall dismiss the action.