Answer: Minnesota Instructions — Answer or Answer and Counterclaim is a set of instructions used by the Minnesota courts in legal proceedings. It is used when a person or business entity is sued and must respond to the lawsuit. The instructions explain the process of responding to the complaint, and outlines the legal requirements for filing an Answer or Answer and Counterclaim. The instructions also provide guidance on how to properly present the Answer or Answer and Counterclaim, including the proper format and language. There are two types of Minnesota Instructions — Answer or Answer and Counterclaim: (1) Instructions for Answering a Complaint, and (2) Instructions for Answering and Counterclaiming.
Minnesota Instructions - Answer or Answer and Counterclaim
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Instructions - Answer or Answer and Counterclaim
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A Response or Reply to the Opposing Party's Pleadings is your answer to the opposing party's document filed with the Court. A Response is the initial answering document to a motion while a Reply is the Response filed to a Response.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
A counterclaim is a claim filed by the defendant that opposes the claim filed by the plaintiff. You can file a counterclaim to any complaint filed in the Probate and Family Court except a Complaint for Contempt. If you believe the plaintiff has violated court orders, you can file a Complaint for Contempt.
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
The plaintiff shall serve a reply to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs.
Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim).
A counterclaim is a claim by a defendant against a plaintiff. The responsive pleading to the complaint may include a counter-claim.