This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
North Carolina General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
Description
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FAQ
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
? Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders.
Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.
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.
Affirmative defenses are usually only used when the defendant concedes that the prosecution is able to prove all elements of the crime beyond a reasonable doubt. The goal of an affirmative defense is to prove to the jury that the defendant had a good reason for following through with the crime.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
In addition to moving to dismiss a claim or seeking a judgment on the pleadings, litigants may move to only strike specific material included in the other party's pleadings.