This form is used when the defendant admits facts that are true and deny allegations that are not true. Sometimes some of the allegations in a paragraph of a complaint may be true and some may not be true. Paragraph V of this form gives an example of how to respond in such a situation. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.
General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True
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US-00963BG
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Description
Definition and meaning
The General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True is a legal document used in civil litigation. It allows a defendant to respond to allegations made in a complaint, admitting to some portions while denying others. This form is crucial in outlining the defendant's position on the claims presented against them in court.
Key components of the form
This form contains several essential sections:
- Caption: Identifies the court and parties involved.
- Defendant’s Response: The defendant provides their answers to each paragraph of the complaint, clearly stating admissions and denials.
- Defenses: The form may include affirmative defenses that the defendant wishes to assert.
- Certificate of Service: Confirms that a copy of the answer has been sent to the plaintiff.
How to complete a form
Completing the General Form of an Answer by Defendant involves the following steps:
- Identify the Case: Fill in the case caption with the court’s name and cause number.
- Respond to Allegations: For each paragraph in the complaint, state whether you admit, deny, or lack sufficient knowledge to respond.
- Affirmative Defenses: Include any relevant defenses, if applicable.
- Sign the Form: Ensure that the document is signed appropriately by the defendant or their attorney.
- Serve the Plaintiff: Deliver a copy of the completed form to the plaintiff or their attorney.
Who should use this form
This form is intended for defendants in civil lawsuits where some allegations in the complaint are contested. It is applicable in a variety of cases, including but not limited to personal injury, contract disputes, or property claims. Individuals who receive a complaint and wish to formally respond should consider using this form to protect their legal rights.
Common mistakes to avoid when using this form
When completing the General Form of an Answer, there are several common mistakes to watch for:
- Inconsistent Answers: Ensure that admissions and denials are consistent with each other across the document.
- Missing Signatures: A completed form must be signed; failure to do so can result in dismissal of the answer.
- Improper Service: Ensure that the form is served correctly to avoid procedural issues.
- Ignoring Deadlines: Be mindful of court deadlines for responding to the complaint.
Benefits of using this form online
Utilizing the General Form of an Answer online offers several advantages:
- Accessibility: Users can complete the form anytime, from anywhere.
- Guided Completion: Many online services provide step-by-step instructions, reducing the risk of errors.
- Time-saving: Online forms can be filled and filed swiftly, expediting the legal process.
- Cost-effective: Downloadable forms often come at a lower cost compared to hiring an attorney for initial drafting.
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FAQ
Pull the header information from the plaintiff's petition. Title your Answer Answer to Plaintiff's Petition/Complaint. Center this title and make it bold. Introduce yourself. Admit, deny, or claim that you lack sufficient knowledge to admit or deny each of the plaintiff's numbered allegations.
You can file an answer or a general denial. Filing an answer. You can file a motion In certain situations, you can respond to the lawsuit by filing a motion (a request) that usually tells the court that the plaintiff made a mistake in the lawsuit. Talk to a lawyer!
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
Current filing fees are: In district court, the fee for defendant's first filing is typically $223.00, but that might vary depending on the type of case. To verify your filing fee, click to visit Filing Fees and Waivers. In justice court, the fee for defendant's first filing is typically $71.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
The name of the court - you can find this at the top of the Complaint you got. The Court Division - this is the county where the complaint was filed. The Docket No. The Plaintiff's name. The Defendant's name - your name. The kind of complaint you are answering.