This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
Michigan 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
An affirmative defense is a defense claiming that the plaintiff is not entitled to a judgment because other facts exist that create a lawful defense. Affirmative defenses allow you to provide information to the court that is not stated in the plaintiff's complaint.
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
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 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.
(3) The response to a supplemental pleading or to a pleading amended either as of right or by leave of court must be served and filed within the time remaining for response to the original pleading or within 21 days after service of the supplemental or amended pleading, whichever period is longer.
(b) Service of complaint When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.
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.
Rule 15(c)(1) indicates that an amendment to a complaint will relate back to the date of the original pleading if certain conditions are satisfied. First, the law that provides the applicable statute of limitations must allow the relation back. Fed.