New Hampshire Defendant's Answer to Complaint

State:
New Hampshire
Control #:
NH-BH-128-05
Format:
PDF
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A05 Defendant's Answer to Complaint
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FAQ

A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.

Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.

Your response to the complaint is called the answer. You should respond to each paragraph of the complaint matching your response to the exact number used in the complaint. Be very careful with the statement you make in your answer. These statements can become admissions of facts that could be used against you.

General denial. n. a statement in an answer to a lawsuit or claim by a defendant in a lawsuit, in which the defendant denies everything alleged in the complaint without specifically denying any allegation.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.

There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

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New Hampshire Defendant's Answer to Complaint