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While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default. The complaint is the legal action in which one party (the plaintiff) sues ... uscourts.gov ? _outreach ? teachers uscourts.gov ? _outreach ? teachers
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
The defendant has filed a counterclaim against you (the response to a counterclaim is called an answer).
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements. Answer to Counterclaim form.pdf - North Dakota Supreme Court ndcourts.gov ? Media ? Default ? Answer to... ndcourts.gov ? Media ? Default ? Answer to...
Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is: (A) a defendant must serve an answer within 21 days after being served with the summons and complaint; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the ...
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. RULE 12. DEFENSES AND OBJECTIONS ... - North Dakota Court System ndcourts.gov ? rules ? ndrcivp ndcourts.gov ? rules ? ndrcivp
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. What is an answer and counterclaim? - Hofheimer Family Law Firm hoflaw.com ? blog ? what-is-an-answer-and-count... hoflaw.com ? blog ? what-is-an-answer-and-count...