San Diego California Sample Letter for Answer and Counterclaim
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How to fill out Sample Letter For Answer And Counterclaim?
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FAQ
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.
Filing deadlines: Motion: sixteen court days before the hearing date. Opposition: nine court days before the hearing date. Optional Reply: five court days before the hearing date.
(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
YOU CAN NOT RESPOND: If you do not file a response within 30 days after you were served, the plaintiff can file a form called "Request for Default," which means you have defaulted and can no longer respond to the lawsuit to defend yourself.
An affirmative defense says, essentially, even if what you're saying is true, I'm not liable for reason XYZ. Examples of affirmative defenses include bankruptcy, statute of limitations and self-defense.
This is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
Examples of affirmative defenses include: Contributory negligence, which reduces a defendant's civil liability when the plaintiff's own negligence contributed to the plaintiff's injury. Statute of limitations, which prevents a party from prosecuting a claim after the limitations period has expired.
Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.
The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.
No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.
