Georgia General Personal Injury Answer

State:
Multi-State
Control #:
US-PI-0021
Format:
Word; 
Rich Text
Instant download

Description

This form is a general answer for use by a defendant in an action for personal injury.
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FAQ

claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.

The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver.

Deadline for Responding to Motion to Dismiss Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material within 30 days of being served with the motion. Ga. Unif.

In some situations, a defendant must file a cross-complaint or else they lose the right to make that claim later, even in another lawsuit. These types of claims are called compulsory. It's important to understand this rule if you think someone other than you is at fault, but are not sure if you want to sue them.

Cross-claims are governed by Rule 13 of the Federal Rules of Civil Procedure (FRCP). As a general rule, cross-claims are not permitted. That said, a party may make a cross-claim against another party if that cross-claim arises out of the same transaction or occurrence of the original claim/counterclaim.

Answer. Once served with a civil claim, the Defendant has thirty (30) days to electronically file an answer. If an answer is not electronically filed within 30 days, the defendant is in default. A defendant may electronically file an answer from the 31st to the 45th day upon payment of court cost.

Special appearance is a tool defendants can use to challenge a court's jurisdiction over them. If a court does not have personal jurisdiction or there are other errors like for service of process, many states allow defendants to challenge the lawsuit without submitting to a court's jurisdiction.

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Georgia General Personal Injury Answer