Defendant Answer Form With Two Points
Description
How to fill out General Form Of An Answer By Defendant In A Civil Lawsuit?
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FAQ
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
It is a formal written statement that addresses the allegations made by the plaintiff and either admits or denies them. Example: If a person is sued for breach of contract, they would file a responsive pleading that either admits to breaching the contract or denies the allegations made by the plaintiff.
If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.
A defendant might file a motion or a cross-complaint If the defendant thinks the Complaint did not meet a legal requirement or was served in the wrong way, they might file a response asking the court to do something about it, like cancel (dismiss) the case. Common examples are a Motion to Quash Service or a Demurrer.