Question: 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?

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).
As soon as the wizard wants to cast *charm person* on the warblade, combat has started. Matters should follow as normal for surprise combat:

1. The warblade may have an opportunity to notice the wizard was up to something, perhaps Sense Motive or possibly even Spellcraft. This would be as a “replacement” for the usual Spot vs. Hide, Listen vs. Move Silently checks that precede a typical ambush by stealth. The rules don’t really cover situations like this very well (so far as I know), so the DM will have to make something up.

(Or the DM rules that [this is not a surprise situation](https://rpg.stackexchange.com/q/92944/8610).)
2. Initiative should be rolled.
3. There is a surprise round. (Again, probably; if not, just assume the warblade passed any tests there might have been in step 1.)

If the warblade recognized that the wizard was up to something and was just waiting for the wizard to try, and reacted quickly enough (read: passed whatever tests the DM chose for step 1, and beat the wizard’s initiative in step 2), the warblade goes first. He may wish to avoid any overt actions prior to the wizard’s spellcasting, in which case he might delay or ready an action. Either way, [his turn has come up and he is no longer flat-footed](https://rpg.stackexchange.com/q/115558/4563).

If the warblade failed to recognize the threat, he does not act in the surprise round. No matter what his initiative is, he is flat-footed and cannot use *moment of perfect mind*.

If the warblade recognized the threat, but did not beat the wizard’s initiative, he is too slow and is still flat-footed when *charm person* is cast. He cannot use *moment of perfect mind* in this case either.