Objections which may be raised by motions
Effective Aug 28, 1943(L. 1943 p. 353 § 61)
1. The following objections and other matters may be raised by motion whether or not the same may appear from the pleadings and other papers filed in the cause:
- (1) Lack of jurisdiction over the subject matter;
- (2) Lack of jurisdiction over the person;
- (3) Improper venue;
- (4) Insufficiency of process;
- (5) Insufficiency of service of process;
- (6) That plaintiff should furnish security for costs;
- (7) That plaintiff has not legal capacity to sue;
- (8) That there is another action pending between the same parties for the same cause in this state;
- (9) That several claims have been improperly united;
- (10) That the counterclaim or cross-claim is one which cannot be properly interposed in the action.
- 2. The grounds of any of the above may be supplied by affidavit and may be controverted by opposing affidavit in accordance with subsection 4 of section 506.060.
(L. 1943 p. 353 § 61)