This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Massachusetts General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
Description
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How to fill out General Response To Affirmative Matter?
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FAQ
Read your summons carefully ? it will tell you how much time you have to answer. You should file an answer in court to the complaint within 20 days of receiving the summons and complaint or 7 days if it's a Complaint for Contempt. Be sure to get your answer to the plaintiff and the court by that deadline.
Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
Records. The clerk of the district court must keep records of criminal proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter in the records every court order or judgment and the date of entry.
App. 3d 950, 954.) Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
A default occurs when a defendant/ respondent fails to answer the suit upon service within the time allowed by law. Summary judgment occurs upon motion of one of the parties to litigation that, upon the facts in evidence, the moving party is entitled to a judgment as a matter of law.
Now applies in the District Court. (1973): Rule 41(a) provides for voluntary dismissal. Under Rule 41(a)(1), the plaintiff may dismiss without order of court merely by filing a notice of dismissal prior to an answer or a motion for summary judgment.
It merely distinguishes those situations where the clerk may enter judgment by default from those where court action is required. Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.