South Dakota General Form of an Answer by Defendant in a Civil Lawsuit

State:
Multi-State
Control #:
US-00961BG
Format:
Word; 
Rich Text
Instant download

Description

This is an answer to a civil lawsuit which includes affirmative defenses.

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FAQ

Answer. n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.

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.

Reply. Any party in the case may have to file a reply, which is an answer to new allegations raised in pleadings.

A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.

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.

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.

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.

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.

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South Dakota General Form of an Answer by Defendant in a Civil Lawsuit