California Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations

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US-00962BG
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Description

This form is used when the defendant admits facts that are true and deny allegations that are not true. 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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  • Preview Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations
  • Preview Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations
  • Preview Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations

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FAQ

The provisions of Rule 36 make it clear that admissions function very much as pleadings do. Thus, when a party admits in part and denies in part, his admission is for purposes of the pending action only and may not be used against him in any other proceeding.

If the defendant denies all the allegations in a complaint, it is a general denial. On the other hand, it is a specific denial if the defendant does not deny all the allegations but instead either specifically denies designated allegations or generally denies all except the ones specifically admitted.

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.

(b) The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant. (2) A statement of any new matter constituting a defense. (c) Affirmative relief may not be claimed in the answer.

A party that intends in good faith to deny all the allegations of a pleading?including the jurisdictional grounds?may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

You may only submit a general denial if the complaint was not verified, or if it is a "limited civil case," meaning the amount in controversy is $25,000 or less. Otherwise, an answer is the more appropriate response.

(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.

Tells the court and other side that you challenge the Complaint in a civil case, and demand that each allegation be proven.

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California Answer with Specific Denials and Admissions Along with Denial of Sufficient Knowledge or Information to Form a Belief as to Certain Allegations