This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
Fairfax Virginia Answer to Counterclaim
State:
Multi-State
County:
Fairfax
Control #:
US-01591
Format:
Word;
Rich Text
Instant download
Description
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FAQ
In Virginia, for example, you have 21 days to respond. Legally-imposed deadlines are part of the litigation process. While we don't recommend delaying your response, the deadlines to submit your initial response to the Complaint or Petition can be extended with permission of the Court.
Time to Answer Interrogatories Generally, parties must answer and/or object to interrogatories within twenty-one (21) days. V.S.C.R. (d) (amended eff 3/1/21).
(a) Response Requirement. A defendant shall file pleadings in response within 21 days after service of the summons and complaint upon that defendant. A demurrer, plea, motion to dismiss, and motion for a bill of particulars shall each be deemed a pleading in response for the count or counts addressed therein.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
Under Virginia law, one may file a demurrer, a special plea, a motion to dismiss, or a bill of particulars in lieu of an answer.
(i) A counterclaim may, subject to the provisions of Rule , be filed within 21 days after service of the summons and complaint upon the defendant asserting the counterclaim, or if service of the summons has been timely waived on request under Code §8.01-286.1, within 60 days after the date when the request for
Service of process in an action or suit within twelve months of commencement of the action or suit against a defendant shall be timely as to that defendant.
In other words, there is no such thing as a compulsory counterclaim in Virginia civil practice.
A compulsory counterclaim generally must be part of the initial answer to the plaintiff's action and cannot be made later in the suit or in a separate lawsuit. By contrast, the permissive counterclaim arises from an event unrelated to the matter on which the plaintiff's suit is based.
A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant, or if service of the summons Page 2 2 has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that