Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Input: defenses listed in Rule 12 because of the absence in Rule 12 of any reference to either a general or special appearance and the express provisions in subdivision (b) to the effect that every defense may be made either in the responsive pleading or by motion, and that no defense or objection is waived by being joined with any other defense or objection in a responsive pleading or a motion. 5A Wright & Miller at 168 (footnotes omitted). The defense of lack of jurisdiction over the person may be joined with the other defenses in Rule 12(b) since under the express language of Rule 12(b), " 'no defense' [in Rule 12(b)] is waived by being joined with one or more other defenses in a responsive ... motion." See Housing Auth. of City of Atlanta, Ga. v. Millwood, 472 F.2d 268, 272 (5th Cir.1973) (<HOLDING>). Hence, a jurisdictional defense is not waived
Holding statements: (A) holding that actual notice of lawsuit is no substitute for substantial compliance with frcp 4d1 requiring service on person of defendant on suitable resident at defendants dwelling or on defendants agent a judgment entered by a court which lacks jurisdiction over the person of the defendant is void and may be set aside at any time pursuant to fedrcivp 60b4 personal jurisdiction is established either by proper service of process or by the defendants waiver of any defect in the service of process (B) holding that a defendant waives the defense of insufficient service of process despite asserting the defense by answer by affirmatively invoking the jurisdiction of the district court to obtain partial summary judgment without earlier or simultaneously moving to dismiss the complaint for insufficient service of process (C) holding such service satisfies due process (D) holding that defects in service of process must be raised in preliminary objections (E) holding that a party no longer needs to appear specially to protest the courts jurisdiction or question the sufficiency of process or service of process because under frcp rule 12 all such objections are assertable in an answer or motion to dismiss
Output:
(E)