Alabama Sample Letter for Answer, Counterclaim, and Preparation of Discovery Request
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How to fill out Sample Letter For Answer, Counterclaim, And Preparation Of Discovery Request?
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FAQ
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).
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. See Harrison, Notes on Alabama Pleading?The Motion to Strike, 2 Ala.
Under the Federal Rules of Procedure, an answer to a counterclaim or cross-claim is due twenty-one (21) days after service of the pleading that asserts the counterclaim or cross-claim.
The Answer and Counterclaim must be filed with the clerk and with the plaintiff within 14 days from the date the original Statement of Claim was served on you. 3. BE AS BRIEF AS POSSIBLE, but include every important name, date, and place.
Generally, responses or objections are due in 30 days. It has frequently been held that both good faith and the spirit of the rule require the party answering interrogatories to see to it that his answers are truthful as of the time of the trial as well as of the time when the interrogatories are answered.
(The deadline is 14 days for District or Small Claims Court cases or 30 days for Circuit Court cases.) Fill out and sign this Answer. (Keep a copy for your records.) ? Mail or deliver a copy of this Answer to the Plaintiff or his/her lawyer at the address listed on the Complaint.
(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.
Parties may obtain discovery regarding any matter, not privileged, which is: (i) relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party; and (ii) proportional to the needs of the case, ...
