Civil procedure
Rule 12(b)(1)
Rule 12(b)(1) is the ground for dismissing a case because the federal court lacks subject matter jurisdiction to hear it at all.
Federal courts are courts of limited jurisdiction. If a case does not present a federal question and does not qualify for diversity jurisdiction, no amount of good pleading saves it. Standing, mootness, and ripeness problems are also raised here.
This objection is different from every other defense: it can be raised at any time, by any party, and the court must consider it on its own even if nobody mentions it. A jurisdictional dismissal sends the case to state court or nowhere, rather than resolving the merits.
The consequences differ from a merits dismissal too. Because the court never had power to decide the case, the ruling has no preclusive effect on the substance, and the plaintiff can generally refile in a court that does have jurisdiction.
How it appears on a docket
ORDER granting 30 Motion to Dismiss for Lack of Subject Matter Jurisdiction. The case is dismissed without prejudice to refiling in state court.
Governing rule
Fed. R. Civ. P. 12(b)(1); 12(h)(3)
Related terms
- Diversity Jurisdiction — Diversity jurisdiction lets a federal court hear a state-law case because the opposing parties are citizens of different states and more than $75,000 is at stake.
- Standing — Standing is the requirement that the person bringing a lawsuit has actually been injured in a way the court can fix.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where rule 12(b)(1) actually shows up. New to federal dockets? Start with how to find a federal case.