Idaho Answer To Complaint

State:
Idaho
Control #:
ID-SKU-831
Format:
PDF
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Description

Answer To Complaint

An Idaho Answer To Complaint is a legal document filed by a defendant in response to a complaint filed against them. It is a formal, written response to the allegations made in the complaint. The Answer typically includes a statement of the defendant's position on each claim and any defenses they may have. The defendant may also include counterclaims, in which they make claims against the plaintiff. An Answer to Complaint is typically used in civil cases in the state of Idaho and must be filed within a certain time period in order for the defendant's case to move forward. There are two types of Idaho Answer To Complaint: a general denial, in which the defendant denies all the allegations in the complaint, and a special denial, in which the defendant admits some allegations but denies others. The defendant must provide specific facts and/or legal arguments to support their claims.

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FAQ

There are, however, key differences between a Rule 12(b)(6) and a Rule 12(c) motion. First, Rule 12(c) permits any party to file the motion. While a motion under Rule 12(b)(6) is brought by a party against whom a claim is asserted, a motion under Rule 12(c) may be brought by any party.

In felony cases, motions under Rule 12(b) must be brought on for hearing within 14 days after filing or 48 hours before trial, whichever is earlier. The court may shorten or enlarge the time and, for good cause shown or for excusable neglect, may relieve a party of failure to comply with this rule.

The prosecuting attorney must file an information within 14 days after an order has been filed by the magistrate in the district court holding the defendant to answer, unless more time is granted by the court for good cause shown.

Federal Rule of Civil Procedure 12(b)(6) authorizes dismissal of a complaint for failure to state a claim upon which relief can be granted. The complaint must be liberally construed in the plaintiff's favor, and all facts pleaded in the complaint must be taken as true.

Once a complaint and summons have been filed with the court, these documents must be delivered to the opposing party, known as the defendant. The defendant then has twenty days to respond in writing to the complaint. The written response that the defendant files with the court is known as an answer.

The defendant shall have the right to enter a plea to a misdemeanor citation or complaint before the court. If the defendant enters a plea of not guilty, a trial date notice shall be issued to the defendant in the form provided by this rule, and the bail bond, if any, shall be set by the court.

"A court may grant a motion to dismiss for failure to state a claim under Rule 12(b)(6) only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief." Harper v. Harper, 122 Idaho 535, 536, 835 P.

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Idaho Answer To Complaint