This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
North Carolina Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0188
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Answer And Defenses To Amended Complaint?
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FAQ
The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...
One example of a failure to state a claim is when one party files a personal injury claim based on negligence. Negligence requires that the defendant breached their duty of care to the plaintiff.
? A party may amend his 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, he may so amend it at any time within 30 days after it is served.
In addition to moving to dismiss a claim or seeking a judgment on the pleadings, litigants may move to only strike specific material included in the other party's pleadings.
Rule 12(f) provides in relevant part that on motion or sua sponte, ?[t]he court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.? If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds?and with good reason.