Tennessee Answer to Counterclaim

State:
Multi-State
Control #:
US-01591
Format:
Word; 
Rich Text
Instant download

Description

This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
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FAQ

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.

(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.

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.

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.

Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion in writing: (1) lack of ...

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Tennessee Answer to Counterclaim