Mississippi Answers and Defenses

State:
Mississippi
Control #:
MS-62690
Format:
Word; 
Rich Text
Instant download

Description

Answers and Defenses: This is an Answer and Affirmative Defenses filed in response to a Complaint which begins a lawsuit. This particular Answer is to be used in cases involving the negligent actions of a builder asked to construct stairs on the deceased's property, as well as a wrongful death claim. This form is available for download in both Word and Rich Text formats.
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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.

Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.

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.

Courts have developed a three part test in examining the affirmative defenses subject to a motion to strike: (1) the matter must be properly pleaded as an affirmative defense; (2) the matter must be adequately pleaded under the requirements of Federal Rules of Civil Procedure 8 and 9; and (3) the matter must withstand

Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,

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Mississippi Answers and Defenses