This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
Massachusetts Answer to Counterclaim
State:
Multi-State
Control #:
US-01591
Format:
Word;
Rich Text
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FAQ
Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim).
Rebutting the Counterclaim A rebuttal is a statement or paragraph that undermines or challenges an opposing claim. Without a rebuttal, a counterclaim in writing won't serve the argument. Writers should rebut counterclaims directly after introducing them.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.
Mostly, an answer includes the defendant's counterclaims (allegations or claims against the plaintiff) and/or affirmative defenses (legal defenses that can defeat the plaintiff's claim).
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
