This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
Virginia Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0188
Format:
Word;
Rich Text
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FAQ
(1) Permit the Commonwealth to inspect and copy or photograph any written reports of autopsy examinations, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine and breath analyses, and other scientific testing within the accused's possession, custody or control that the defense intends to proffer ...
Responding to new matter. If a pleading, motion or affirmative defense sets up new matter and contains words expressly requesting a reply, the adverse party must within 21 days file a reply admitting or denying such new matter.
Affirmative defenses include contributory negligence, the assumption of risk, last clear chance, and failure to report. These defenses can allow someone in the situation to persist so long that it is taken as a norm.
A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder.
If a defendant files no other pleading in response than the answer, it must be filed within the applicable 21-day, 60-day, or 90-day period specified in this Rule. An answer must respond to the paragraphs of the complaint. A general denial of the entire complaint or plea of the general issue is not permitted.
A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant, or if service of the summons has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the ...
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
Rule . Reply. within 21 days file a reply admitting or denying such new matter. If it does not contain such words, the allegation of new matter shall be taken as denied or avoided without further pleading.