Alabama Answer and Counterclaim to Confirm Title
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FAQ
Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.
(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.
Alabama Rule of Civil Procedure 13(a) requires that a pleading ?state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.? (emphasis added).
Alabama Rules of Appellate Procedure Rule 12. Docketing of the appeal; docket fee; filing of the record. (a) Docketing the appeal and docket fee. The clerk of the trial court shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings.
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.
Rule 12(b) provides ?a party may assert the following defenses by motion.? The defendant has two options: 1) raise the defenses in a preliminary motion, or 2) raise the defenses in the answer, provided that they have not been waived by omission from a preliminary motion.
