A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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What questions will be asked during my examination for discovery? What to do at the scene of an accident? What to do after an accident? Should I contact police after a car accident? How long do I have to report a car accident? Should I go to the doctors after a car accident? What is a personal injury claim?
Rule 76 of the Rules of Civil Procedure allow the parties to proceed with a special process called Simplified Procedure. The purpose of Simplified Procedure is to reduce the cost of litigating claims of relatively modest amounts.
How long does the discovery phase take? The discovery phase can last anywhere from a few days to several weeks or even months. The duration of the discovery phase varies depending on factors such as project complexity and scope of work.
Unless the court orders, or the parties agree, examinations for discovery are limited to 7 hours per party conducting the examination.
Follow these steps to begin discovery in justice court: Step 1: Prepare and exchange your initial disclosures. Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange: ... Step 2: File the early case conference report. ... Step 3: Ask the court to allow more discovery if you want it.
