[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] Clerk of Court [County Court Name] [County Address] [City, State, ZIP Code] Subject: Filing of Cross claim and Affirmative Defenses Dear Clerk of Court, I am writing to formally file a Cross claim and Affirmative Defenses in the [County Name] Court case [Case Number], [Plaintiff Name] v. [Defendant Name]. Please find enclosed the original and three copies of the following documents: 1. Cross claim: This document asserts that another party involved in the case shares liability for the claims made by the plaintiff. I respectfully request that this Cross claim be added to the court records as a separate filing. 2. Affirmative Defenses: This document outlines the defenses that I believe are relevant to this case. I assert that these defenses justify my actions and negate the liability as alleged by the plaintiff. Please file these Affirmative Defenses as part of this case. I kindly request the clerk's assistance in processing these filings as soon as possible. Additionally, please provide me with a file-stamped copy of each document for my records. For your convenience, I have enclosed the appropriate filing fees, totaling [Amount]. Should you require any additional information or documentation, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I appreciate your attention to this matter, and thank you in advance for your prompt assistance. Yours faithfully, [Your Name]
West Virginia Sample Letter to Clerk regarding filing of Crossclaim and Affirmative Defenses
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How to fill out West Virginia Sample Letter To Clerk Regarding Filing Of Crossclaim And Affirmative Defenses?
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Rule 9 - Pleading special matters (a)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.
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.
Rule 11 - Signing of pleadings, motions and other papers; representations to court; sanctions (a)Signature. - Every pleading, motion and other paper shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney shall be signed by the party.
- (1) A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant ...
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Rule 12 - Pleadings and motions before trial; defenses and objections (a)Pleadings and motions. - Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere.
- When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires the pleader, he may by leave of court set up the counterclaim by amendment.
Rule 17 - Parties plaintiff and defendants; capacity (a)Real party in interest. - Every action shall be prosecuted in the name of the real party in interest.
