Amending an Answer Replying to an Answer Defendant's Affirmative Claims Overview of Responding to a State Complaint 1. You may accidentally give up important legal rights if you file this form with the Court without first talking to a lawyer. The complaint must be filed it the Court. Defendant's request for judgment: Defendant's wherefore clause. A chart, shown to the jury, that conveys the name of the defendant's insurance company is improper and objectionable. Day & Night Mfg. The complaint gives the wrong birthday for a child. When must a defendant respond to the complaint? For example, in most jurisdictions, evidence that a defendant in a personal injury case has insurance that may pay for the plaintiff's damages is inadmissible. Now on to examples of how you can answer this summons and complaint. An answer is your answer to the complaint that was filed. For help finding a lawyer, call your local lawyer referral service. P. 12(a)). In this case, Defendants Second Motion to Dismiss raises a new issue not claimed in Defendants First Motion to Dismiss. Example. Lawsuit Answer Template. The defendant can also file a counterclaim to raise new issues not stated in the plaintiff's complaint. The complaint will list the facts of the case or event, what the defendant(s) did wrong and what the plaintiff is seeking in damages (typically the plaintiff seeks some sort of monetary compensation). You can say, "I deny that Rafe's birthday is 3 November, 2008. II. Complaint form Compulsory Arbitration form Summons Plaintiffs Demand for Jury Trial form (if you want a Jury Trial). Defendant's answer starts with paragraph 27 following the last paragraph in the complaint paragraph 26. There should be numbers such as: The plaintiff is the assignee of _____ Bank. *** The second example conveys the writers point in clear and concise language, while the first contains over-the-top language, fancy (and unnecessary) words, and Latin -- all of which add nothing to the statement. For example, if the Complaint says that you owe money but you know that you already paid the money, then you should deny that you owe the money and say (Defendant's name) DEFENDANTS ANSWER (Defendant's address) Defendant. Is irrelevant: Is immaterial: Contains hearsay Defendant must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. The Answer and Defenses to the Complaint A. Answering the Claims for Relief On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. take to complete discovery. The Defendant's name - your name. a correct response. The format of the answer resembles the complaint. When finished, you will have three (3) photocopied packets, plus one (1) original = Four (4) separate Civil Complaint packets. A Counterclaim is a complaint by the defendant against the plaintiff. For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. In South Carolina, a defendant must serve an answer within 30 days of being served with the complaint ( S.C. R. Civ. The defendant should carefully read the complaint. The answer will deny or admit the allegations, line-by-line as requested in the complaint. Corp., 576 F.2d at 701 n. 3 (subsection (g) contemplates the presentation of an omnibus pre-answer motion in which Defendant advances every available Rule 12 defense and objection he may have.). 29. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. Look at the complaint. Answer or you could lose your right to make those claims in the future. This means that you can file one amended complaint without pe rmission of the Court or the consent of the defendant(s) so long as the amended complaint is filed within 21 days after serving the original complaint or the amended complaint is filed within 21 days after service of the answer or a motion under Rule 12(b), (e) or (f). After the complaint is served and an answer is filed, the discovery period begins. The answer and any other statements or allegations make up the framework of the case. On December 9, 2016, plaintiff traveled to defendants place of business, Sporting World, which is located at 250 Fifth Avenue in New York, New York, two days after a snowstorm that resulted I, the Defendant, answer the Complaint as follows: I ask the Court to: (Pro se) ss) ddre (A (City and State) Rafe's birthday is 13 November, 2008." A Crossclaim is a complaint by one defendant against another defendant, or against someone who A complaint is the initial document a plaintiff files with the Clerk of Court to begin a lawsuit. A Motion to Dismiss asks the judge to dismiss the plaintiffs case.. Examples. NOTE the sequence of number in the Answer. The court already has the complaint form from the plaintiff. 28. THE ANSWER An answer, like a complaint, is a formal statement of a party's position regarding the case, in particular, the Defendant's and in response to the Plaintiff s accusations. The defendant is indebted to plaintiff. Plaintiffs claim is prohibited by the Statute of Limitations. Additionally, the answer is important to bring any defenses the defendant may want to raise such as the claim is beyond the statute of limitations or that there is no claim for which damages is owed.. A defendant may also want to counterclaim, or seek damages for Defendants last payment was in February 2004. The complaint, CIS and TAN must be served with the summons on all parties. The defendants have limited time to respond, depending on the State or Federal rules. Thus, be sure to write in a simple and concise manner. Defendants Answer WARNING: Talk to a lawyer before filling out this form. Step 6. Pleading in early American law was done through common law writs (for example demurrer).Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. Consider the following example: *** Complaint. 2. 2. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and 1. Place the Civil Coversheet back on top of the Original Civil Complaint form packet. The plaintiffs case is within the complaint, which is considered a pleading. Once I filed my answer that meant I could not ask for dismissal. Number the paragraphs. A pleading is a formal document that starts or defends a lawsuit. Each number on the complaint is considered a count against you. The defendants statements were false and defamatory. If they do not agree with some or all of the claims in the complaint, they must "answer" the complaint by the deadline. answer: [noun] something spoken or written in reply to a question. A motion is a request for a judge to do something. The time for discovery depends The defendant can also use the answer to make any affirmative defenses.