Indiana General Response to Affirmative Matter

State:
Multi-State
Control #:
US-PI-0022
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
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FAQ

No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.

Rule 52 - Setting and Acknowledging Oral Argument (A) Court's Discretion. The Court may, in its discretion, set oral argument on its own or a party's motion.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

A judgment shall be set forth on a separate document, except that a judgment may appear upon the same document upon which appears the court's findings, conclusions, or opinion upon the issues. The entry of the judgment shall not be delayed for the taxing of costs.

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.

A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.

Rule 54 - Judgment; Costs (A) Definition-Form. "Judgment", as used in these rules, includes a decree and any order from which an appeal lies. A judgment shall contain all matters required by Rule 68 but need not contain a recital of pleadings, the report of a master, or the record of prior proceedings.

Rule 1.6 - Confidentiality of Information (a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

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Indiana General Response to Affirmative Matter