Tennessee USLegal Pamphlet on How to Answer a Complaint

State:
Multi-State
Control #:
US-PMPH-13
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.

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FAQ

Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit.

The TNDOE main line is (615) 741-5158 and the legal department is (615) 741-2921. The website is Education (tn.gov). Pursuant to Rule 1540-01-02-. 19(9), any student who files a complaint with DPSA, must first exhaust the grievance process at the institution.

Under federal rules, defendants generally have 21 days to file an answer after they are served with a complaint; the U.S. government has 60 or 90 days, depending on whether it has waived service.

Rule 15 - Voluntary Dismissal (a) Where to File Dismissal. An appeal may be dismissed by filing in the appellate court a stipulation for dismissal signed by all parties or on motion and notice by appellant.

Complaint under Rule 12.02(6) of the Tennessee Rules of Civil Procedure, the Court "must take the factual allegation contained in the complaint as true and review the trial court's legal conclusio...the Judicial Code, 28 U.S.C. § 394, 28 U.S.C.A.

On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.

A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.

2d 307, 309 (Tenn. 1977) (noting that a motion to dismiss is not a responsive pleading for purposes of Rule 15. 01).

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Tennessee USLegal Pamphlet on How to Answer a Complaint