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).
Virgin Islands General Form of Civil Answer with Affirmative Defenses and Counterclaim
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Pursuant to its authority to govern the Territories (Art. IV, sec. 3, clause 2, of the Constitution), Congress has established district courts in the territories of Guam and the Virgin Islands.
The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, district courts have jurisdiction to hear nearly all categories of federal civil and criminal cases.
The U.S. Virgin Islands are part of the Third Circuit Court of Appeals. The jurisdiction has one federal district court, the U.S. Federal District Court of the Virgin Islands.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
The U.S. Virgin Islands are part of the Third Circuit Court of Appeals. The jurisdiction has one federal district court, the U.S. Federal District Court of the Virgin Islands.
Jurisdiction. n. the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction.
App. 3d 950, 954.) Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
The District Court of the Virgin Islands is a federal court that has jurisdiction over the territory of the Virgin Islands of the United States. It was established by the Organic Act of 1936. Appeals of the court's decisions are heard by the United States Court of Appeals for the 3rd Circuit.