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Answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint.
A quick definition of affirmative relief: When a defendant asks for affirmative relief, they are asking for help in response to the plaintiff's claim. Alternative relief is when someone asks for different types of help that cannot be given at the same time, like asking for either money or for someone to do something.
A reply to affirmative defenses generally contains the following elements, in this order: ? A caption ? Denials of the allegations of the affirmative defenses and a reply to same ? Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of ...
An affirmative defense is a defense which accepts the cause of action raised by plaintiff as true, but to avoid liability in whole or in part, raises an excuse, justification, or other basis which negates or limits liability.
Except as provided in (c) or (d), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case.