Montana Sample Letter regarding Answer to a Counterclaim
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How to fill out Sample Letter Regarding Answer To A Counterclaim?
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FAQ
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.
Section 3012-A - Certificate of merit in medical, dental and podiatric malpractice actions (a) In any action for medical, dental or podiatric malpractice, the complaint shall be accompanied by a certificate, executed by the attorney for the plaintiff, declaring that: (1) the attorney has reviewed the facts of the case ...
Substituted Service (CPLR 308(2)): If service is made by leaving the summons at the defendant's dwelling or usual place of abode with a person of suitable age and discretion, and then mailed, the defendant has 20 days from the date the affidavit of service is filed to answer.
You should respond to the counterclaim as though it were a Statement of Claim and you were drafting a Defence: respond to every paragraph ? you can do this paragraph by paragraph if necessary; deny any allegations of fact that you do not admit ? you will be deemed to admit facts that you forget to plead to; and.
CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim. CPLR 3011. Any counterclaim may be asserted in a responsive pleading or a separate action.
