This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Georgia General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
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FAQ
Grounds for a New Trial The verdict returned goes against the evidence and violates justice. The verdict returned is against the weight of the evidence presented. The trial court committed an error through an illegal admission or exclusion of evidence. Presence of newly discovered evidence.
RULE 15. The party seeking entry of a default judgment in any action shall certify to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from the party against whom the judgment is sought.
A defendant may choose to submit a motion to dismiss for one of two reasons: 1) to allege a lack of jurisdiction over the defendant; or 2) to show that the plaintiff's claim is without legal or factual merit.
App. 3d 950, 954.) Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.
(c) Affirmative defenses.In pleading to a preceding pleading, a party shall set forth affirmatively and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute ...
(1) An appellant who decides not to pursue an appeal shall promptly file a motion for permission to withdraw it. (2) In a criminal case, unless the State is the appellant, the motion shall include an affidavit from the defendant agreeing to the withdrawal of the appeal.
(b) In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued ...