North Dakota Sample Letter for Answer, Counterclaim, and Preparation of Discovery Request
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How to fill out Sample Letter For Answer, Counterclaim, And Preparation Of Discovery Request?
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FAQ
You must serve a copy of your answer to the counterclaim on each Defendant within 21 days of service of the answer and counterclaim. ND Legal Self Help Center Staff and Court employees can't help you fill out forms. If you're unsure how to proceed, consult a lawyer.
The answer is the part that responds to the plaintiff's allegations; the counterclaim is where the defendant has a chance to set forth his or her own allegations, and request his or her own relief.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
These types of claims are called compulsory counterclaims. For example, an employer's claim that a former employee violated his duty of loyalty to the employer may be compulsory in a discrimination lawsuit brought by the employee based on the employee's termination for those disloyal actions.
Ing to Rule 13(a), a counterclaim is mandatory if it arises from the (A) same transaction or occurrence of the opposing party's claim AND (B) does not require adding another party over whom the court cannot assert jurisdiction.
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
An answer is a written response by a Defendant to a complaint. The answer must also state defenses to each of the claims in short, plain statements. Complete the top of the Answer exactly as it appears in the Plaintiff's complaint.
If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.
