A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury.
To establish a contributory negligence defense, the defendant must prove that a reasonably prudent person, in the circumstances, would have taken certain precautions, and plaintiff's failure to do this contributed directly to the plaintiff's injury.
A notice to the defendant, respondent, or other party against whom an action has been filed shall be serve in the form and manner provided by this rule... Rule 1.302(5) Original notices may be served by any person who is neither a party nor the attorney for a party to the action.
1.305(14) If service cannot be made by any of the methods provided by this rule, any defendant may be served as provided by court order, consistent with due process of law.
Iowa is a ?Modified Comparative Fault? state, meaning each party is responsible for damages in proportion to the percentage of fault they caused unless the plaintiff's negligence reaches 51%.
P. 1.943. A party may, without order of court, dismiss that party's own petition, counterclaim, cross-claim, cross-petition or petition of intervention, at any time up until ten days before the trial is scheduled to begin.
Demand for jury trial. Any party who desires a jury trial of any issue triable of right by a jury must file and serve upon the other parties a demand for jury trial pursuant to rule 1.902. Otherwise, expedited civil actions will be tried to the court.
