Washington General Response to Affirmative Matter

State:
Multi-State
Control #:
US-PI-0022
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
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FAQ

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name?or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number.

In Washington, a defendant must respond to a complaint within 20 days after being served with the summons and complaint (Wash. Super. Ct. Civ.

Rule 12(f) provides in relevant part that on motion or sua sponte, ?[t]he court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.? If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds?and with good reason.

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the pleader may assert at the trial any defense in law or fact to that claim for relief.

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.

In Washington, a defendant must respond to a complaint within 20 days after being served with the summons and complaint (Wash. Super. Ct. Civ.

There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)

Reminder: General Rule 14 (GR 14) Formatting Requirements All pleadings, motions, and other papers filed with the court shall be legibly written or printed. The use of letter-size paper (8-1/2 by 11 inches) is mandatory. The writing or printing shall appear on only one side of the page.

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Washington General Response to Affirmative Matter