New Mexico General Form of an Answer by Defendant in a Civil Lawsuit

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US-00961BG
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This is an answer to a civil lawsuit which includes affirmative defenses.

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FAQ

Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

After the Defendant is served with the Complaint & Summons, the Defendant must file an Answer or some other pleading (such as a Motion to Dismiss) within 20 days. An Answer is a written reply to a Complaint. When sued, the Answer is Defendant's chance to explain Defendant's side of the case to the Court.

After discussing the claim with the plaintiff's attorney, the defendant must file an answer to the complaint. The answer tells the court in what ways the plaintiff's prima facie case is defective and to assert any affirmative defenses. This is also the time to object if the case has been brought in the wrong court.

Response: a written pleading filed by a defendant to respond to a complaint. The most common is an answer, but there are other types of responses possible. service of process: The delivery of legal papers to the opposing party.

In Civil Law, an ?answer? is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.

The defendant may then respond to the charges by entering a plea. Common pleas include guilty, not guilty, or no contest (also known as ?nolo contendere?).

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.

Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is called a "response."

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New Mexico General Form of an Answer by Defendant in a Civil Lawsuit