Objections based on lack of jurisdiction over the subject matter

A court that has no subject matter jurisdiction over a case should dismiss it. Any decision that it renders will be void, regardless of the quality and quantity of evidence presented by the parties.

How do you raise objections to subject matter jurisdiction? How do you tell the court that the case must be dismissed?

You may file a Motion to Dismiss anytime. This is one of the four situations when a Motion to Dismiss can be filed under Rule 15, Sections 5 and 12 of the Rules of Court (with 2019 amendments).

Section 5 classifies a Motion to Dismiss as a litigious motion, meaning that the adverse party has a chance to file an opposition within five (5) calendar days from receipt. Section 12 provides:

Section 12. Prohibited motions. — The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

1) That the court has no jurisdiction over the subject matter of the claim;

2) That there is another action pending between the same parties for the same cause; and

3) That the cause of action is barred by a prior judgment or by the statute of limitations.