North Carolina Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations

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Multi-State
Control #:
US-00962BG
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Word; 
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Description

This form is used when the defendant admits facts that are true and deny allegations that are not true. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.

N.C.G.S. § 1A-1, Rule 24(a). Permissive intervention in an action is provided by Rule 24(b), which states that: [u]pon timely application anyone may be permitted to intervene in an action.

If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.

In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

Typically encompassed by these rules, North Carolina Rule of Civil Procedure 60(b) allows a trial court to ?relieve a party or his legal representative from a final judgment, order, or proceeding? for a number of specified reasons based in equity.

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North Carolina Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations