Connecticut Answer and Special Defense by Way of Answer

State:
Connecticut
Control #:
CT-0228
Format:
Word; 
Rich Text
Instant download

Description

When you file your answer with the court, you tell the court, in writing, the statements in the complaint that: you agree with, you disagree with, and. you do not know about. A special defense is a justification for the accused having committed the crime. It differs from other defenses because the defendant admits that he or she did, in fact, break the law.

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FAQ

The types of special defence are: mental disorder (when the offence was committed or before the trial), incrimination (alleging someone else committed the crime), coercion, automatism, self-defence, consent (under some circumstances), or alibi.

13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.

Negotiate with the plaintiff to try and come to an agreement about settling the matter. You may be able to agree that the statement of claim is withdrawn. This means there will be no judgment against you. 200b200bPay the full amount owed and notify the court by filing a document called a notice of payment.

Courts have developed a three part test in examining the affirmative defenses subject to a motion to strike: (1) the matter must be properly pleaded as an affirmative defense; (2) the matter must be adequately pleaded under the requirements of Federal Rules of Civil Procedure 8 and 9; and (3) the matter must withstand

An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.

(1) Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.

The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

A Response or Reply to the Opposing Party's Pleadings is your answer to the opposing party's document filed with the Court.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

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Connecticut Answer and Special Defense by Way of Answer