Which issue is not waived and can be raised at any time in federal court?

Which issue is not waived and can be raised at any time in federal court?

• A. Personal jurisdiction
• B. Venue
• C. Subject matter jurisdiction
• D. Process

Answer: (C)

Subject matter jurisdiction is not waivable and can be raised at any time in federal court. The court must have authority to hear the type of case—federal question or complete diversity with proper amount in controversy—and this defect can be raised by the parties or even by the court on its own initiative, at any stage, including on appeal. In contrast, issues like personal jurisdiction, venue, and process deficiencies are typically waivable if not raised timely, so they are not enforceable at any time regardless of when the challenge arises.

Subject matter jurisdiction is not waivable and can be raised at any time in federal court. The court must have authority to hear the type of case—federal question or complete diversity with proper amount in controversy—and this defect can be raised by the parties or even by the court on its own initiative, at any stage, including on appeal.

In contrast, issues like personal jurisdiction, venue, and process deficiencies are typically waivable if not raised timely, so they are not enforceable at any time regardless of when the challenge arises.