[RPG] use Moment of Perfect Mind in response to a surprise attack

dnd-3.5esurprisetome-of-battle

Say I want to use the Tome of Battle maneuver Moment of Perfect Mind, a maneuver that replaces my Will save with the equivalent Concentration Check.

Out of combat, my warblade and an enemy wizard are negotiating over the price of ferrets. While we are talking he casts a quickened spell of Charm Person.

I have Moment of Perfect Mind readied. Can I use the counter to save as an immediate action, or am I considered flat-footed?

Best Answer

Yes, regardless of whether or not you have been instructed to roll initiative you can use Moment of Perfect Mind, since its description specifies it can be used at any time (a case of specific beating general).

As per the description of Moment of Perfect Mind:

You can use this maneuver any time you would be required to make a Will save.

Although it requires an immediate action, the rules text in this case specifies that that action can be taken even when one ordinarily couldn't as long as a condition is met (you are required to make a Will save).