[3.5 ToB] Can you use a Counter if Flat-footed?

[Frosty]

In the beginning of combat, if you lose initiative and hasn't had a chance to act yet, I know you can't use an Immediate action to initiate a Counter (or to do much else). However, if it were in the middle of the battle, and you were made Flat-Footed via a spell like Distract Assailat, then can you still make Counters for the rest of the round until your next turn?

For example, a Beguiler casts Distract Assailant on a Warblade. The Warblade fails the save and is now Flat-Footed. Someone else now forces the Warblade to make a Will Save. Can the Warblade use Moment of Perfect Mind at this time?

If someone could cite me a surce and page number for the answer I'd appreciate that as well.

[Khatoblepas]

I don't believe so, as you can't use immediate actions while flat footed. Somewhere in the SRD it says:

You also cannot use an immediate action if you are flat-footed.

[Douglas]

If you are flat-footed, then you cannot take immediate actions regardless of the reason for your flat-footed status. Just check and make sure the effect actually makes you flat-footed rather than just denying dex bonus to AC.

It gets a bit more questionable if you are using Stance of Alacrity and the counter you want to use would thus take no action rather than an immediate action.

[Frosty]

Terrific. Where does it say you can't take Immediate actions while flat-footed?

[Attilargh]

Second paragraoh of page 45 of the Tome of Battle.

[mikej]

Terrific. Where does it say you can't take Immediate actions while flat-footed?

I second the check to see if that effect makes you flat-footed or not, anyways a little snip from SRD

D20 SRD: Here
You also cannot use an immediate action if you are flat-footed.

[Frosty]

Thanks you Attilargh.

Mikej, Distract Assailant from the Spell Compendium does indeed say the target is flat-footed until the beginning of its next turn. Very useful if you have a rogue buddy.

[imperialspectre]

Also great for the Beguiler's Cloaked Casting.