This form is a Separate Answer and Affirmative Defense to a Cross-Claim. The form provides that the cross-claim fails to state a claim upon which relief can be granted. Therefore, it is requested that the cross-claim be dismissed with prejudice, with all costs assessed against the cross-plaintiff.
Mississippi Separate Answer and Affirmative Defenses to Crossclaim
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Having successfully removed the case to federal court, be sure to identify the deadline for filing an answer or other responsive pleading in that forum. Note that the deadline for a responsive pleading can be as short as seven days after the notice of removal is filed.
The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.
Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...
In pleading to a preceding pleading, a party shall set forth affirmatively and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res ...
Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer.
A crossclaim seeks affirmative relief against a co-party in the lawsuit such as a co- defendant. Crossclaims are generally permissive in that they may be brought in the same suit if they arise out of the same transaction or occurrence, but some state courts allow cross claims to be brought in a sep- arate suit.
All discovery must be completed within ninety days from service of an answer by the applicable defendant.
Rule 81(d) recognizes that there are certain actions and matters whose nature requires special rules of procedure. Basically these are matters of which the State has an interest in the outcome or which because of their mature should not subject a defendant/respondent to a default judgment for failure to answer.
