Middlesex Massachusetts General Response to Affirmative Matter

Name: Middlesex Massachusetts General Response to Affirmative Matter
Brand: US Legal Forms
Rating: 4.79 (491 reviews)

Category:

Civil Actions - Personal Injury - Sample Plaintiffs Responses

State:

Multi-State

County:

Middlesex

Control #:

US-PI-0022

Format:

Instant download

Description

This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.

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FAQ

2002) ("A defense which demonstrates that plaintiff has not met its burden of proof as to an element plaintiff is required to prove is not an affirmative defense.").

Defendant(s) must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. After the complaint is served and an answer is filed, the discovery period begins. The time for discovery depends on what track the case is assigned to.

Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.

1. You must send an ANSWER to the court within 35 days from the date the Summons was sent to you. That date is shown on the summons you received. Your Answer must be accompanied by either a $30 filing fee, or if you cannot afford the $30 fee, a fee waiver request.

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

While the availability of an affirmative defense will depend on the state, there are generally two categories of affirmative defenses, justifications and excuses.

Overview. Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

According to this federal district court case, an answer to a complaint that states that the defendant lacks sufficient information to admit or deny an allegation is considered a general denial and not affirmative defense to the allegation.

Provide the name of the court at the top of the Answer. You can find the information on the summons.List the name of the plaintiff on the left side.Write the case number on the right side of the Answer.Address the Judge and discuss your side of the case.Ask the judge to dismiss the case.

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(c) Same: Multiple defendants. Chapter 60 General Provisions Relating to Appellate Rules and Appellate Review .If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant. If someone called the plaintiff has filed a complaint against you in the Magistrates' Court, you may need to respond. Appendix A - Affirmative Action Discrimination Complaint Form. An answer should contain admissions, denials, and, if appropriate, affirmative defenses. The Office of the Attorney General represents DYFS in all legal matters except ACI's. You must fill out this form completely and sign it before filing it. To the law enforcement agency which has jurisdiction in the matter.

Middlesex Massachusetts General Response to Affirmative Matter

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