This form may be used to answer a civil complaint. Affirmative defenses may be asserted, along with a counterclaim. An affirmative defense is a type of defense in which the defendant seeks to avoid liability by introducing new evidence not addresses in the claims of the plaintiff's complaint. A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim.
Counterclaims are either compulsory or permissive. If the counterclaim is permissive, it may be brought, but no rights are waived if it is not. If the counterclaim is mandatory, it must be brought in the current action or it is waived. Under the United States Federal Rules of Civil Procedure, a counterclaim is compulsory if it involves only the parties currently part of the suit, and is from the same transaction that the original suit is based on. Federal Rule of Civil Procedure 13(a).
Guam General Form of Civil Answer with Affirmative Defenses and Counterclaim
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How to fill out General Form Of Civil Answer With Affirmative Defenses And Counterclaim?
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The District Court of Guam sits within the United States Courts for the Ninth Circuit. The largest of all federal circuits, the Ninth Circuit consists of the U.S. Court of Appeals for the Ninth Circuit and the federal and bankruptcy courts in 15 federal judicial districts.
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.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
In order to defeat you, the plaintiff has to strike all of your affirmative defenses. Listing all viable affirmative defenses makes your case stronger. Elements of an affirmative defense may vary across jurisdictions, so check to be sure you have the right ones for your jurisdiction.
Most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
In particular, when answering a complaint, you must raise all possible affirmative defenses based upon known facts that you can raise at that time. If you fail to do so, the other side can oppose a tardy raising of the affirmative defense on the grounds that you waived it.