This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
Louisiana Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0188
Format:
Word;
Rich Text
Instant download
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How to fill out Answer And Defenses To Amended Complaint?
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FAQ
A defendant has 21 days after service of citation to file an answer. If the plaintiff serves discovery requests with his petition, a defendant has 30 days after service of citation and discovery request to file an answer. See La.
The answer shall set forth affirmatively negligence, or fault of the plaintiff and others, duress, error or mistake, estoppel, extinguishment of the obligation in any manner, failure of consideration, fraud, illegality, injury by fellow servant, and any other matter constituting an affirmative defense.
Louisiana Code of Civil Procedure Art. 1001 now provides that a defendant shall file an answer twenty-one days after service of a citation (previously fifteen days).
A defendant shall plead in response to an amended petition within the time remaining for pleading to the original pleading or within ten days after service of the amended petition, whichever period is longer, unless the time is extended under Article 1001.
1001. Louisiana Code of Civil Procedure Art. 1001 now provides that a defendant shall file an answer twenty-one days after service of a citation (previously fifteen days).
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.