This document is in answer to a complaint filed by a former partner who has requested an accounting his former partnership, and who alleges other egregious acts on the part of his former partners. The answer denies the allegations and provides five affirmative defenses.
Illinois Answer to Alternate Complaint
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Declaration Opposing the Motion It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030, present facts within your (or some other declarant's) personal knowledge and be signed by you (or the other declarant) under penalty of perjury.
[Write the facts relevant to the motion. At the end of each sentence, write where evidence of that fact can be found. See the Instructions for more detailed information.] [Explain your response to each of the arguments made in the Motion.
Pleading in the alternative, Debbie could claim to have paid for the car and claim that the car was a gift. She could also claim that she paid for the car and counterclaim that Paulina must return the money because the car was defective.
The first step to take in responding to a lawsuit is usually to file an appearance in court. The appearance is a form that tells the court and the parties involved that you know about and are responding to the lawsuit.
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
The party making the motion is called the ?Moving Party.? The party answering the motion is called the ?Opposing Party.?