This form is used when the defendant admits facts that are true and deny allegations that are not true. Sometimes some of the allegations in a paragraph of a complaint may be true and some may not be true. Paragraph V of this form gives an example of how to respond in such a situation. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.
Nebraska General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True
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How to fill out General Form Of An Answer By Defendant In A Civil Lawsuit Admitting Part Of The Allegations In A Paragraph Of A Complaint But Denying That Part Which Is Not True?
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Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
Reply. Any party in the case may have to file a reply, which is an answer to new allegations raised in pleadings.
If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.