This form is a Separate Answer and Affirmative Defense to a Cross-Claim. The form provides that the cross-claim fails to state a claim upon which relief can be granted. Therefore, it is requested that the cross-claim be dismissed with prejudice, with all costs assessed against the cross-plaintiff.
Utah Separate Answer and Affirmative Defenses to Crossclaim
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The plaintiff must serve an answer to a counterclaim in the answer within 21 days after service of the answer or, if a reply is ordered by the court, within 21 days after service of the order, unless the order otherwise directs.
A party may serve upon any other party a written request to admit the truth of any discoverable matter set forth in the request, including the genuineness of any document.
Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone.
(a)(1) Consistent with the Rules of Professional Conduct, an attorney may not withdraw as counsel of record in criminal cases without the approval of the court. (a)(2) A motion to withdraw as an attorney in a criminal case shall be made in open court with the defendant present unless otherwise ordered by the court.
Rule 12(b) (6) permits the dismissal of a case "for failure of the pleading to state a claim upon which relief can be granted." Rule 8(a) sets out what a complaint must contain in order to state a claim for relief: "A pleading which sets forth a claim for relief * * * shall contain (1) a short and plain statement of ...
In most civil law suits, a person has 21 days in which to answer the complaint or petition. If the person is served outside of Utah, they have 30 days in which to answer. The 21/30 day time frame does not apply in all cases. Eviction and small claims cases, for example, have different time frames.
If the court enters judgment against the plaintiff, the court shall revive the plaintiff's judgment against defendant for the amount of the judgment against plaintiff.
Pleading special matters. (a)(1) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
