New Jersey Separate Answer and Defenses to Amended Complaint

State:
Multi-State
Control #:
US-PI-0189
Format:
Word; 
Rich Text
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This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
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FAQ

Allegations in a reply shall be taken as denied or avoided, and any defense thereto in law or fact may be asserted at trial. A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.

In New Jersey, the vast majority of litigation starts with a Complaint governed by Rule -2. New Jersey is a notice pleading state, which means the Complaint need only provide enough facts to provide a defendant notice of a claim. Rule -2 states, in pertinent part: [A] pleading which sets forth a claim for relief?

. (a) Order to Show Cause With Temporary Restraints. On the filing of a complaint seeking injunctive relief, the plaintiff may apply for an order requiring the defendant to show cause why an interlocutory injunction should not be granted pending the disposition of the action.

. A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

Order to Show Cause With Temporary Restraints. On the filing of a complaint seeking injunctive relief, the plaintiff may apply for an order requiring the defendant to show cause why an interlocutory injunction should not be granted pending the disposition of the action.

Rule 4.4 - Respect for Rights of Third Persons (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

In New Jersey, the vast majority of litigation starts with a Complaint governed by Rule -2. New Jersey is a notice pleading state, which means the Complaint need only provide enough facts to provide a defendant notice of a claim. Rule -2 states, in pertinent part: [A] pleading which sets forth a claim for relief?

Rule -1. A party may amend any pleading as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is to be served, and the action has not been placed upon the trial calendar, at any time within 90 days after it is served.

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New Jersey Separate Answer and Defenses to Amended Complaint