Defenses

The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.

Once a defendant has answered, a first amended complaint can only be filed and served with leave of court. If the plaintiff did not get the court's permission, it is not deemed a valid first amended complaint.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

To amend is to change by adding, subtracting, or substituting. One can amend a statute, a contract, the Constitution of the United States, or a pleading filed in a law suit.

The court should freely give leave when justice so requires. (3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.

Amended Answer Rules A proposed amendment or amended pleading must be serially numbered to differentiate it from previous pleadings or amendments.An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. The court or the clerk must initial all alterations.