Can a defense that the court lacks subject matter jurisdiction be raised at any stage of the proceeding?

"New York", United States of America

The following excerpt is from Dunrite Auto Body & Motors, Inc. v. Liberty Mut. Ins. Co., 160 Misc.2d 168, 607 N.Y.S.2d 1005 (N.Y. Dist. Ct. 1993):

A defense that the court lacks subject matter jurisdiction may be raised at any stage of the proceeding (Lacks v. Lacks, 41 N.Y.2d 71, 390 N.Y.S.2d 875, 359 N.E.2d 384

Page 1007

Other Questions


Does Rule 12(b)(1) allow a defendant to raise the defense that the court lacks subject matter jurisdiction over an entire action? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
Can a federal district court remand an action where the court finds that it lacks subject matter jurisdiction? (MultiRegion, United States of America)
Does a federal district court have subject matter jurisdiction to intervene in a pending court-martial proceeding? (MultiRegion, United States of America)
In reviewing a motion to dismiss for lack of subject matter jurisdiction, can the court consider affidavits or any other evidence properly before the court? (MultiRegion, United States of America)
Does the federal district court have jurisdiction to dismiss the complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for determining whether a federal court lacks subject matter jurisdiction under the Feres doctrine? (MultiRegion, United States of America)
What are the legal conclusions underlying a district court's dismissal for lack of subject matter jurisdiction de novo? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.