Alabama General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True

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Multi-State
Control #:
US-00963BG
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Description

This form is used when the defendant admits facts that are true and deny allegations that are not true. Sometimes some of the allegations in a paragraph of a complaint may be true and some may not be true. Paragraph V of this form gives an example of how to respond in such a situation. This answer must be filed within 20 days in federal court and 30 days in some state courts. This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.

Motion day. Unless the court orders otherwise, an order granting a motion to dismiss shall be deemed to permit an automatic right of amendment of the pleading to which the motion is directed within ten (10) days from service of the order. (dc) District court rule. Rule 78 applies in the district courts.

When there is no specific statute providing for a specific procedure in probate court, the circuit court rules apply to probate court. Ordinarily, this would mean the Alabama Rules of Civil Procedure, but it may cause the application of a code section to the probate court. In Burton v. Burton, 710 So.

Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.

Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.

Rule 70A(a)(2)(D) defines ?civil contempt? as a ?willful, continuing failure or refusal of any person to comply with a court's lawful writ, subpoena, process, order, rule, or command that by its nature is still capable of being complied with. '?

Rule 77(a) recognizes that, theoretically, the court is always open for filing papers, etc. Filing with a deputy clerk at her residence was approved in Greeson v. Sherman, 265 F.

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Alabama General Form of an Answer by Defendant in a Civil Lawsuit Admitting Part of the Allegations in a Paragraph of a Complaint but Denying that Part Which is not True