This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
South Dakota Answer to Counterclaim
State:
Multi-State
Control #:
US-01591
Format:
Word;
Rich Text
Instant download
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FAQ
If you lose, you will be forced to pay attorney fees and a settlement, and you will have lost all opportunity to win your money back via a contract violation claim. However, there is a chance that the judge might have mercy on you.
After making your counterclaim, you need to finish by providing a rebuttal. This is when you provide evidence to show why the counterclaim is wrong, or at least why it doesn't make your argument wrong.
The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
Failure to state a claim In the complaint, the plaintiff must also allege all of the elements of the claim. Failure to allege all elements of the claim is a reason for a Motion to Dismiss. For example, in a car accident, the plaintiff may claim that the defendant was negligent.
The cross-complaint must arise out of the same transaction or occurrence of plaintiff's claim against the defendant. For example, if a plaintiff-pedestrian sues a defendant-owner-of-the-car and defendant-driver for a car accident, the defendant-owner can file a cross-complaint against the defendant-driver.
Failed Claim means the Class Member has submitted an APRS Claim which has resulted in a Preliminary Determination or Final Determination of invalidity. "Implant" means the Class Member has not proved implantation of an Affected Product. "Revision" means the Class Member has not proved revision of an Affected Product.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
The motion to dismiss for failure to state a claim is the court's decision to dismiss a lawsuit due to it not stating a cause for action. This could be caused by a lack of evidence, no clear evidence of the violation or there were no laws broken.
After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.
