North Dakota Answer of Defendant and Counterclaim

State:
North Dakota
Control #:
ND-TH-230-02
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PDF
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A02 Answer of Defendant and Counterclaim
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FAQ

Reply to Defence The defendant answers the case of the claimant pleaded in the particulars of claim in the defence.The defendant (ie counter-claimant) may file a reply to defence to counterclaim to answer the case of the claimant in the defence to counterclaim.

If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim.If you filed a motion, a hearing will be scheduled for the court to make a decision. After your motion is resolved (and assuming the case is not dismissed), the case will move forward from there.

The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

Do I need to serve my counterclaim? After you file your counterclaim, a copy of the counterclaim must be delivered to each counterdefendant. This is called "service of process." The court applies the same rules to serving a counterclaim as it applies to serving the initial Small Claims Complaint.

You have to answer the counterclaims. They have the same effect as your lawsuit. It is not wise to proceed with litigation without an attorney.

The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements. Complete the top of the Answer to Counterclaim exactly as it appears in your, the Plaintiff's, complaint.

Counterclaim. A counterclaim is a claim by a defendant against a plaintiff. The responsive pleading to the complaint may include a counter-claim. There is no filing fee to file a counter-claim.

If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of 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.

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North Dakota Answer of Defendant and Counterclaim