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).
General Form of Civil Answer with Affirmative Defenses and Counterclaim
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When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
You have to answer the counterclaims. They have the same effect as your lawsuit. It is not wise to proceed with litigation without an attorney.
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 answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements. Complete the top of the Answer to Counterclaim exactly as it appears in your, the Plaintiff's, complaint.
File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
The name of the court - you can find this at the top of the Complaint you got. The Court Division - this is the county where the complaint was filed. The Docket No. The Plaintiff's name. The Defendant's name - your name. The kind of complaint you are answering.
You can file an answer or a general denial. Filing an answer. You can file a motion In certain situations, you can respond to the lawsuit by filing a motion (a request) that usually tells the court that the plaintiff made a mistake in the lawsuit. Talk to a lawyer!
Current filing fees are: In district court, the fee for defendant's first filing is typically $223.00, but that might vary depending on the type of case. To verify your filing fee, click to visit Filing Fees and Waivers. In justice court, the fee for defendant's first filing is typically $71.