New Hampshire Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

State:
Multi-State
Control #:
US-00964BG
Format:
Word; 
Rich Text
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Description

A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, assumption of risk is sometimes a defense which a defendant can raise. In raising such a defense, defendant basically states that the plaintiff knowingly assumed the risk of the harm that was caused. The Second Defense of this form gives an example of pleading such a defense.


This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.


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FAQ

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

"An affirmative defense is a justification for the defendant having committed the accused crime. It differs from other defenses because the defendant admits that he did, in fact, break the law.

(g) take any action, while acting as a lawyer in any context, if the lawyer knows or it is obvious that the action has the primary purpose to embarrass, harass or burden another person, including conduct motivated by animus against the other person based upon the other person's race, sex, religion, national origin, ...

When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests in that transaction clearly is prohibited.

Confidentiality of Information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).

Conflicts of Interest. (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client , a former client or a third person or by a personal interest of the lawyer.

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New Hampshire Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk