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Montana General Form of Civil Answer with Affirmative Defenses and Counterclaim

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This form may be used to answer a civil complaint. Affirmative defenses may be asserted, along with a counterclaim. An affirmative defense is a type of defense in which the defendant seeks to avoid liability by introducing new evidence not addresses in the claims of the plaintiff's complaint. A counterclaim is made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim.

Counterclaims are either compulsory or permissive. If the counterclaim is permissive, it may be brought, but no rights are waived if it is not. If the counterclaim is mandatory, it must be brought in the current action or it is waived. Under the United States Federal Rules of Civil Procedure, a counterclaim is compulsory if it involves only the parties currently part of the suit, and is from the same transaction that the original suit is based on. Federal Rule of Civil Procedure 13(a).

Montana General Form of Civil Answer with Affirmative Defenses and Counterclaim is a legal document that provides a detailed response to a civil lawsuit filed in Montana. This document allows the defendant to address the claims made against them while also asserting their own rights and raising additional legal arguments. In Montana, there are several types of General Forms of Civil Answer with Affirmative Defenses and Counterclaim that can be used depending on the specific circumstances of the case: 1. General Form of Civil Answer: This is the standard form used by defendants to respond to a lawsuit. It typically includes the defendant's identification, a denial or admission of each allegation made in the plaintiff's complaint, and any affirmative defenses or counterclaims. 2. Answer with General Denial: This type of answer is used when the defendant wants to deny all the allegations made by the plaintiff without providing any specific defenses or counterclaims. It can be appropriate when the defendant believes that the plaintiff's claims have no basis or when they want to keep their options open for later stages of the litigation. 3. Answer with Affirmative Defenses: In this type of answer, the defendant not only denies the allegations but also raises legal arguments that, if proven, would absolve them from liability. These defenses may include contributory negligence, statute of limitations, fraud, mistake, duress, or any other applicable defense under Montana law. 4. Answer with Counterclaim: This type of answer is used when the defendant wants to bring their own claim against the plaintiff in response to the initial lawsuit. A counterclaim can be based on any legal ground, such as breach of contract, negligence, or defamation. By filing a counterclaim, the defendant becomes both a defendant and a plaintiff simultaneously in the same lawsuit. It is important to note that the specific content of each General Form of Civil Answer with Affirmative Defenses and Counterclaim may vary depending on the facts of the case and the legal expertise of the defendant or their attorney. It is recommended to consult with legal professionals to ensure the accuracy and thoroughness of the content provided in the document.

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Under the Federal Rules of Procedure, an answer to a counterclaim or cross-claim is due twenty-one (21) days after service of the pleading that asserts the counterclaim or cross-claim.

An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.

Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.

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.

REPLY TO COUNTERCLAIM. The reply must contain a denial of any or all of the material facts stated in the counterclaim that the plaintiff believes to be untrue and also a statement, in plain or direct manner, of any other facts constituting a defense to the counterclaim. Any matter not denied shall be deemed admitted.

In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.

Before action. (1) Petition. A person who desires to perpetuate testimony regarding any matter that may be cognizable in any district court of the state of Montana may file a verified petition in the district court in the county of the residence of any expected adverse party.

The defence to a counterclaim must deal with every allegation made by the defendant in the counterclaim by either admission, denial or making no admission. The counterclaim is drafted following the same rules as the defence, for details on drafting the defence - please see our previous Article in this series.

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(A) A defendant must serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C). Attachment 4 - AFFIRMATIVE DEFENSES. Check boxes that apply to your case and complete appropriate text boxes. These defenses are not an exhaustive list of.Each allegation must be simple, concise, and direct. No technical form is required. (2) Alternative Statements of a Claim or Defense. A party may set out 2 or ... If you have questions, please contact an attorney. The filing fee for filing an Answer is $30 for each Defendant. HELPFUL WEBSITES. Montana Codes Annotated.. This legal document provides a detailed account of the defendant's response to the allegations made by the plaintiff. Understanding the requirements and various ... You must serve a copy of your answer and counterclaim on each Plaintiff within 21 days of service of the summons and complaint. ND Legal Self Help Center Staff ... Write a short and plain statement identifying the defenses to the claims, using one or more of the following alternatives that apply. 1. The court does not have ... Complete free written Answer and Fee Waiver forms; File your Answer and Fee Waiver forms with the Clerk of Court; Attend all your court hearings and mediations. Civil Answers, Replies and Defenses. The forms in this packet are to be used as a template, please re- type the forms and do not fill in the blanks. Please read ... Apr 26, 2013 — If you are looking for Answer forms available on the Connecticut Judicial Branch website, please see the official court forms page at https:// ...

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Montana General Form of Civil Answer with Affirmative Defenses and Counterclaim