A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. Oral contracts can be just as valid and enforceable as written contracts.
The Second Defense of this form gives an example of pleading such a defense and is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
A Nevada Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds is a legal response filed by the defendant in a civil lawsuit in Nevada, asserting that the plaintiff's claim should be dismissed because it falls under the Statute of Frauds. The defendant invokes this defense when the plaintiff's cause of action relies on an agreement that is not enforceable due to the Statute of Frauds. The Statute of Frauds is a legal doctrine that requires certain agreements to be in writing to be enforceable in court. In Nevada, the Statute of Frauds is codified under Nevada Revised Statutes (NRS) Chapter 111.200-111.220. This statute lays out the specific types of contracts that must be in writing to be valid, such as those involving the sale of real estate, contracts that cannot be performed within one year, agreements to answer for the debts or obligations of another, and various others. In a Nevada Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds, the defendant typically presents their response in a formal and structured manner. The precise format may vary depending on the court's rules, but the general content should include: 1. Caption: This includes the name of the court, the parties' names, the case number, and other relevant identifying information. 2. Introduction: The defendant identifies themselves, their attorney, and provides a brief overview of the case. 3. Denial of Allegations: The defendant goes through each allegation made by the plaintiff in their complaint and either admits, denies, or states that they lack sufficient information to form a belief about its truth. 4. Affirmative Defense: The defendant asserts the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds. This involves citing the specific section(s) of the Nevada Revised Statutes that support the defense and explaining how the plaintiff's claim meets the criteria for the Statute of Frauds defense. 5. Prayer for Relief: The defendant concludes their answer by requesting, on the basis of the Statute of Frauds defense, that the court dismiss the plaintiff's claims with prejudice, meaning they cannot be brought again. Different types of Nevada Answers by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds may arise depending on the specific causes of action alleged by the plaintiff. For example, if the plaintiff is claiming breach of contract, the defendant can assert the Statute of Frauds defense if the underlying contract falls under any of the categories mandated by Nevada's Statute of Frauds. However, the basic structure and content of the answer generally remain the same, with the affirmation of the Statute of Frauds defense.A Nevada Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds is a legal response filed by the defendant in a civil lawsuit in Nevada, asserting that the plaintiff's claim should be dismissed because it falls under the Statute of Frauds. The defendant invokes this defense when the plaintiff's cause of action relies on an agreement that is not enforceable due to the Statute of Frauds. The Statute of Frauds is a legal doctrine that requires certain agreements to be in writing to be enforceable in court. In Nevada, the Statute of Frauds is codified under Nevada Revised Statutes (NRS) Chapter 111.200-111.220. This statute lays out the specific types of contracts that must be in writing to be valid, such as those involving the sale of real estate, contracts that cannot be performed within one year, agreements to answer for the debts or obligations of another, and various others. In a Nevada Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds, the defendant typically presents their response in a formal and structured manner. The precise format may vary depending on the court's rules, but the general content should include: 1. Caption: This includes the name of the court, the parties' names, the case number, and other relevant identifying information. 2. Introduction: The defendant identifies themselves, their attorney, and provides a brief overview of the case. 3. Denial of Allegations: The defendant goes through each allegation made by the plaintiff in their complaint and either admits, denies, or states that they lack sufficient information to form a belief about its truth. 4. Affirmative Defense: The defendant asserts the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds. This involves citing the specific section(s) of the Nevada Revised Statutes that support the defense and explaining how the plaintiff's claim meets the criteria for the Statute of Frauds defense. 5. Prayer for Relief: The defendant concludes their answer by requesting, on the basis of the Statute of Frauds defense, that the court dismiss the plaintiff's claims with prejudice, meaning they cannot be brought again. Different types of Nevada Answers by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds may arise depending on the specific causes of action alleged by the plaintiff. For example, if the plaintiff is claiming breach of contract, the defendant can assert the Statute of Frauds defense if the underlying contract falls under any of the categories mandated by Nevada's Statute of Frauds. However, the basic structure and content of the answer generally remain the same, with the affirmation of the Statute of Frauds defense.
