Rule 312.5. Defenses and Objections in Forcible Entry and Detainer Cases — When and How. Defenses and Objections in Forcible Entry and Detainer Cases — by Pleading or Motion

(a) Responsive Pleadings; When Presented. The defendant shall file an answer including any counterclaim or cross-claim on or before, and shall appear in court at, the date and time as fixed in the summons, or such other date as fixed by the court.

(b) Motions. A defendant may file a motion setting forth defenses simultaneously with the defendant's answer. All other motions, except for motions arising at trial, must be filed at least three days before the earlier of the date of any pretrial conference or the trial date.

(c) Waiver of Defenses. A party waives all defenses and objections which are not raised either by motion or in his answer except that the defense of lack of jurisdiction of the subject matter may be made at any time.

(d) Motion for Judgment on the Pleadings. At any time after the last pleading is filed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. A party shall not submit matters outside the pleadings in support of the motion.

Committee Notes

Source: Added and effective October 13, 2021 (Rule Change 2021(21)).