Section 3-412. DEFENSES AND OBJECTIONS

 

412.1A respondent shall serve his or her answer upon the Board and other parties within thirty (30) days after the service of the complaint upon him or her, except as provided in § 412.2.

 

412.2In petition challenge cases, a respondent shall serve his or her responsive pleadings upon the Board and at the same time upon the challenger within three (3) days after service of a copy of the challenge (complaint) upon him or her.

 

412.3No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

 

412.4A motion making any of the defenses set forth in § 412.5 may be made before pleading, if a further pleading is permitted.

 

412.5Each defense, in law or fact, to a charge of a violation in any pleading, shall be asserted in the responsive pleading, if one is required, except that the following defenses, at the option of the pleader, may be made by Motion to Dismiss:

 

(a)Lack of jurisdiction over the subject matter;

 

(b)Lack of jurisdiction over the person;

 

(c)Insufficiency of process;

 

(d)Insufficiency of service of process; or

 

(e)Failure to state a claim upon which relief can be granted.

 

authority

The District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14).

source

Final Rulemaking published at 45 DCR 432 (January 23, 1998).