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Maine Defendant's Answer to First Amended Complaint and Affirmative...

Maine Defendant's Answer to First Amended Complaint and Affirmative Defenses

Name: Maine Defendant's Answer to First Amended Complaint and Affirmative Defenses
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (212 reviews)

Category:

Maine Court Samples - Breach of Warranty - Sample Case 1

State:

Maine

Control #:

ME-AR-210-02

Format:

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A02 Defendant's Answer to First Amended Complaint and Affirmative Defenses

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FAQ

13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.

Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.

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.

The Answer. The defendant's response to a complaint is called the answer. The answer contains the defendant's version of the events leading to the lawsuit and may be based on the contents of the complaint. The filing of the answer is one option that the defendant has in deciding how to respond to the complaint.

Once a defendant has answered, a first amended complaint can only be filed and served with leave of court. If the plaintiff did not get the court's permission, it is not deemed a valid first amended complaint.

The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

7. Ifyou have not added new defendants in your amended complaint, you must serve the amended complaint on the defendant who has not yet been properly served. If you have added new defendants, the Court will issue an amended summons which must be served with the amended complaint.

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.

The court should freely give leave when justice so requires. (3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

Maine Defendant's Answer to First Amended Complaint and Affirmative Defenses

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