Tennessee Answer and Counterclaim to Confirm Title
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FAQ
When composing an answer, defendants may assert their own claims against the plaintiff. For all purposes within the trial, the plaintiff acts in a defensive posture regarding these counterclaims, and the defendant acts in an offensive posture. Thus, for example, the defendant bears the burden of proof on counterclaims.
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.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
The plaintiff shall serve a reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs.
Rule 56.04 When a trial court is asked to rule on a motion for summary judgment, it must make two distinct inquiries and come to two distinct legal conclusions before it can grant the motion.
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
(a) Pleadings and Motions. All other pleas, demurrers, and motions to quash are abolished; defenses and objections raised before trial that could have been raised by one or more of them are now raised only by motion to dismiss or to grant appropriate relief, as provided in these rules.
Rule 21 allows misjoinder and nonjoinder to be corrected at any stage of the action upon motion of any party or upon the initiative of the court, and removes misjoinder as a ground for dismissal of an action.
