Delaware USLegal Pamphlet on How to Answer a Complaint

State:
Multi-State
Control #:
US-PMPH-13
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.

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FAQ

-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...

If a derivative plaintiff or derivative counsel fails to adequately represent the interests of the entity in pursuing the derivative action, then the Court may dismiss the derivative action without prejudice, replace the derivative plaintiff or derivative counsel, or make further orders as warranted.

Rule 17 - Real Party in Interest; Capacity; Public Officers (a)Real Party in Interest. (1)Designation in General. An action must be prosecuted in the name of the real party in interest.

A party may move?at any time, even after judgment?to amend the pleadings to conform them to the evidence and to raise an unpleaded issue.

Upon request of a defendant, the state shall permit the defendant to inspect and review any relevant reports prepared by law enforcement officers and made in connection with the particular case, including any written witness statements or written summaries of oral statements contained within such reports, and search ...

A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served ...

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.

(a) Amendments. 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.

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Delaware USLegal Pamphlet on How to Answer a Complaint