This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
North Carolina Separate Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0189
Format:
Word;
Rich Text
Instant download
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How to fill out Separate Answer And Defenses To Amended Complaint?
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FAQ
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.
Pleadings are amended for various reasons, including correcting facts, adding claims, adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law. Rule 15 of the Federal Rules of Civil Procedure details the requirements and restrictions placed on amended pleadings.
Rule 12(f) provides in relevant part that on motion or sua sponte, ?[t]he court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.? If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds?and with good reason.
? A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served.
The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.