New York General Form of Civil Answer with Affirmative Defenses and Counterclaim

• Category: Civil Actions - Answers
• State: Multi-State
• Control #: US-0999
• Format: Word; Rich Text

Description

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).

The New York General Form of Civil Answer with Affirmative Defenses and Counterclaim is a legal document used by defendants in civil lawsuits to respond to the plaintiff's allegations and assert their own defenses and counterclaims. This form allows defendants to provide a detailed account of their position and assert any legal grounds to dismiss or challenge the plaintiff's claims. Keywords: New York General Form of Civil Answer, affirmative defenses, counterclaim, defendants, civil lawsuits, allegations, legal grounds, dismiss, challenge. In New York, there are several types of General Form of Civil Answer with Affirmative Defenses and Counterclaim: 1. Verified Answer with Affirmative Defenses and Counterclaim: This type of answer requires the defendant to provide a verified response, meaning it must be signed under oath or affirmation. The defendant uses this form to assert affirmative defenses and state their counterclaims against the plaintiff's allegations. 2. Verified Amended Answer with Affirmative Defenses and Counterclaim: If new information or facts arise during the course of the lawsuit, the defendant may need to file an amended answer. This form allows defendants to include any additional affirmative defenses and counterclaims they wish to assert. 3. Verified Supplemental Answer with Affirmative Defenses and Counterclaim: Similar to the amended answer, if new information or facts emerge after the filing of the original answer, the defendant can file a supplemental answer. This form enables defendants to add any new affirmative defenses and counterclaims to their case. 4. Verified Answer to Amended Complaint with Affirmative Defenses and Counterclaim: If the plaintiff files an amended complaint, the defendant must respond accordingly. This form allows defendants to provide their answer, assert affirmative defenses, and state their counterclaims in response to the amended complaint. It's crucial for the defendant to consult with an attorney or legal professional to ensure they use the appropriate type of New York General Form of Civil Answer with Affirmative Defenses and Counterclaim that best suits their specific case.