Michigan Plaintiff And Counter - Defendant's Answer to Affirmative Defenses
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FAQ
TIME TO RESPOND In addition, a party must respond to a counterclaim or cross-claim within 21 days of being served with the pleading that states the claim(s) (FRCP 12(a)(1)(B)).
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of his or her own against the plaintiff, the defendant's claims are counterclaims.
If You Fail to Appear for Court the Judge Will Issue a Warrant for Your Arrest. If you were charged with a relatively minor offense, such as a traffic ticket, and you fail to appear for court, the judge will issue a warrant for your arrest.
INSTRUCTIONS FOR FILING AND SERVING AN ANSWER TO A COMPLAINT (FORM MC 03) How do I file an Answer? Fill out the Answer form. Make four copies of the completed answer forms. File the Answer with the court. Serve the Answer. NOTE: You must bring all documents to the hearing to support what you checked on the answer form.
The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte. According to FRCP 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice.If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice.
If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved (and assuming the case is not dismissed), the case will move forward from there.