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Rhode Island Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

Category:
Civil Procedure - Answers
State:
Multi-State
Control #:
US-00964BG
Format:
Word; 
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Description

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. In a suit in which plaintiff alleges that defendant has been negligent, assumption of risk is sometimes a defense which a defendant can raise. In raising such a defense, defendant basically states that the plaintiff knowingly assumed the risk of the harm that was caused. The Second Defense of this form gives an example of pleading such a defense.


This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.


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  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk
  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk
  • Preview Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

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How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of Assumption Of Risk?

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FAQ

A party may depose any person who has been identified as an expert expected to testify when the expert interrogatory has been responded to by the other party.

X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, Eevery pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's, whose address, email ...

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.

Assumption of the risk is an affirmative defense that the defendant can allege in order to defeat a plaintiff's recovery in a negligence lawsuit. The defendant can claim that the plaintiff assumed the risk when the plaintiff consented to a known risk.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.

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