Mississippi Answer of Defendant
About this form
The Answer of Defendant is a legal document filed in response to a Complaint that initiates a lawsuit. This form allows the defendant to admit or deny the allegations made against them in the complaint. Unlike other legal forms, the Answer includes affirmative defenses, providing a structured way to present the defendant's position. It is adaptable for various types of lawsuits, making it a versatile option for individuals and entities facing legal action.
Form components explained
- Admission or denial of each allegation in the Petition.
- Specific defenses raised by the defendant.
- Supporting evidence references and legal basis for the defendant's claims.
- Signature section to validate the document and date of filing.
Common use cases
This form should be used when you have been served with a Complaint and need to formally respond to the allegations. It is essential in instances where you wish to contest the claims made against you, as well as when you want to assert any defenses you may have. This document is critical in ensuring that your side of the story is officially presented before the court.
Intended users of this form
- Individuals or businesses facing a lawsuit.
- Defendants who have received a Complaint and need to respond.
- Anyone seeking to admit or deny allegations in a legal proceeding.
Steps to complete this form
- Identify the allegations in the original Complaint.
- Clearly state whether you admit or deny each allegation.
- Include any affirmative defenses that may apply to your case.
- Attach supporting documents and evidence where necessary.
- Sign and date the form before filing it with the court.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to respond within the required timeframe.
- Not including all allegations in your answers.
- Overlooking the need to assert affirmative defenses.
Benefits of using this form online
- Conveniently download and edit the form to suit your needs.
- Access legal guidance to ensure proper completion.
- Save time by using pre-drafted language tailored by licensed attorneys.
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FAQ
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
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.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Current filing fees are: In district court, the fee for defendant's first filing is typically $223.00, but that might vary depending on the type of case. To verify your filing fee, click to visit Filing Fees and Waivers. In justice court, the fee for defendant's first filing is typically $71.
