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General Form of Civil Answer with Affirmative Defenses and...

Philadelphia Pennsylvania General Form of Civil Answer with Affirmative Defenses and Counterclaim

Name: Philadelphia Pennsylvania General Form of Civil Answer with Affirmative Defenses and Counterclaim
Brand: US Legal Forms
Rating: 4.56 (484 reviews)

Category:

Civil Actions - Answers

State:

Multi-State

County:

Philadelphia

Control #:

US-0999

Format:

Instant download

Description

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).

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FAQ

If you've been served with a lawsuit in Pennsylvania state court, you generally have about 30 days to respond to the Complaint (more on that below). You have only 21 days if you are sued in federal court.

Reissuance, Reinstatement, and Substitution of Original Process (a) Original process shall be served within the Commonwealth within 30 days after the issuance of the writ or the filing of the complaint. Note: See Rule 404 for the time for service outside the Commonwealth.

An answer must be in writing and it must admit or deny the charges made in the complaint. You set out the answer in paragraphs numbered to correspond with the complaint, stating the facts and law you rely on in admitting or denying each one.

Following the admissions and denials, the answer outlines any affirmative defenses available to the defendant. Affirmative defenses, which are grounded in SUBSTANTIVE LAW, state that an allegation may or may not be true, but that even if it is true, the law provides a legal defense that defeats the plaintiff's claim.

Definition. 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.

Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

An affirmative defense is a defense which will counteract one element of a criminal or civil charge, but not the charge itself, while the standard defense or a negating defense will deign the evidence in support of the charge.

Rule 1031 - Counterclaim (a) The defendant may set forth in the answer under the heading "Counterclaim" any cause of action cognizable in a civil action which the defendant has against the plaintiff at the time of filing the answer. (b) A counterclaim need not diminish or defeat the relief demanded by the plaintiff.

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Any affirmative defenses raised in the motions or responsive pleading. Civil Action No.: cv00519.Civil Procedure 1361, a Plaintiff filing a complaint, or Defendant asserting a New Matter (affirmative defenses) or Counterclaim, must. A defendant in a civil action is also entitled to include in its answer a counterclaim against one or more plaintiffs. A reply is sometimes required to an affirmative defense in the answer. Third, the answer can contain affirmative defenses under FRCP 8(c). If the action is in a state court, can it be removed to a federal court? Contract to an alternative means of resolving disputes that arise in the future between the parties. Gibson conception of notice pleading in the lower federal courts, especially in civil rights cases, see. e.g. In 1995, prison and jail inmates brought about 40,000 new lawsuits in federal court - nearly a fifth of the federal civil docket.

Philadelphia Pennsylvania General Form of Civil Answer with Affirmative Defenses and Counterclaim

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