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Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isnt properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendants six-year-old child, that would invalidate the service.
Insofar as the motion to strike, sanctioned by Rule 12(b), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.
(a) Amendments Before Trial. (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b) , (e) , or (f) , whichever is earlier.
The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a partys right to appeal.
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