This form may be used to answer a civil complaint. Affirmative defenses may be asserted, along with a counterclaim. An affirmative defense is a type of defense in which the defendant seeks to avoid liability by introducing new evidence not addresses in the claims of the plaintiff's complaint. A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim.
Counterclaims are either compulsory or permissive. If the counterclaim is permissive, it may be brought, but no rights are waived if it is not. If the counterclaim is mandatory, it must be brought in the current action or it is waived. Under the United States Federal Rules of Civil Procedure, a counterclaim is compulsory if it involves only the parties currently part of the suit, and is from the same transaction that the original suit is based on. Federal Rule of Civil Procedure 13(a).
Wyoming General Form of Civil Answer with Affirmative Defenses and Counterclaim
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Rule 55 - Default; default judgment (a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
Rule 37 - Failure to make disclosures or to cooperate in discovery; sanctions (a) Motion for an Order Compelling Disclosure or Discovery. (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
Rule 56 allows parties to jointly file a statement of stipulated facts. If they do so, they may state that the stipulation is only for the purpose of the motion for summary judgment and is not intended to be otherwise binding.
Rule 54 - Judgment; costs (a) Definition; Form. ''Judgment'' as used in these rules includes a decree and any order from which an appeal lies. A judgment should not include recitals of pleadings, a master's report, or a record of prior proceedings.
Rule 56 - Summary judgment (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought.
Rule 56(d): If the court grants a motion in part, it may enter an order stating any material fact, or an item of damages, that is not in dispute, and treat that fact or item as established.
This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
