Utah Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Fraud

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Multi-State
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US-00966BG
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Description

A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant breached a contract between plaintiff and defendant, fraud committed by the plaintiff is sometimes a defense which a defendant can raise.



This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.

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FAQ

The "clean hands doctrine" provides that a party who seeks an equitable remedy from the court must come to Court with clean hands, failing which the Court can refuse to grant the requested equitable remedy. If a party engaged in misconduct and relies upon that misconduct to make out their claim, they will be barred.

The problem of dirty hands refers to situations where a person is asked to violate their deepest held ethical principles for the sake of some greater good.

Unclean hands. n. a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit.

An unrepresented party may file a new civil case by emailing, mailing, or delivering the cover sheet and initiating documents to the Clerk's Office. Prepare the Civil Cover Sheet and initiating documents (e.g., complaint, petition, notice of removal).

You can defend yourself by filing an answer to the lawsuit in court. Special forms are used, which you can get from the court. To see if you have a legal defense, read the packet Legal Reasons Why I Should Not Have to Pay the Money. 2.

Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.

An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability, or bad faith) related to the subject matter of that party's claim.

The clean hands doctrine is based on the maxim of equity which states that one ?who comes into equity must come with clean hands.? This doctrine requires the court to deny equitable relief to a party who has violated good faith with respect to the subject of the claim.

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Utah Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Fraud