The answer, like the complaint, ends with a "wherefore" clause that summarizes the defendant's demands, such as demands for a jury trial and judgment in the defendant's favor. Only one wherefore clause is generally needed, although local practice may dictate that each denial and each affirmative defense have its own wherefore clause.
Full Answer
The purpose of the answer and/or counterclaim is for the Defendant to respond to the allegations in the complaint and to state any claims against the Plaintiff that the Defendant might have. The answer and/or counterclaim can be filed at or before the time specified for the Court appearance on the Summons.
Filing 107 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Apple Inc. bySamsung Telecommunications America, LLC, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.. ... including 26 but not limited to Apple’s request for injunctive relief as it has an adequate remedy at law. 27 28 Case No. 12-CV-00630-LHK -8SAMSUNG ...
Apr 27, 2017 · A “counterclaim” is a responsive pleading (legal writing) that allows you to ask the court for certain relief. For example, if you file an answer, you are simply responding to your spouse’s requests in the divorce complaint. Your spouse may have requested custody in the divorce petition, but you can deny your spouse’s request for ...
to file an answer in most cases. However, if a tenant wants to have a jury trial, the tenant must file a verified answer with a jury demand. Verified means the tenant must sign the answer under oath. This can be done without needing to have the document notarized. Even if a tenant is not asking for a jury trial, the tenant may want to file an answer to let the Court and the
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.
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are “counterclaims.”
A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.
Even if the defendant gets the time in which they must respond extended to 28 days, they may still fail to file their defence by the date it is due. If so, you can ask the court to order the defendant to pay you the money and costs you are claiming. See 'What happens if the defendant does not respond to my claim? '
When you include a counterclaim in your argument and address its strengths and limitations, your argument is stronger. You have shown your reader that you are looking at the full picture of the issue and that you have considered other ideas. This makes your argument more credible and further validates your claim.
Counterclaim can contain a variety of material ranging from accusation of fraudulent activity to claims which would preempt any attempt at suit. The goal of counterclaim is to turn the table on the plaintiff by bringing up more issues in the case and demanding redress.Jan 31, 2013
easy answer: response is an answer, reply, or something in the nature of an answer or reply which can be a reaction while reply is a written or spoken response; part of a conversation.
Again a Reply is an important document as I said, it's part of your pleadings, your entire story has to be covered in Reply. So its purpose is that you respond to the Statement of Defense and any new facts or any new issues that you want to deal with you do that, and the Reply completes your story.Dec 26, 2017
3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the reply.Oct 1, 2020
If they still refuse to file a Satisfaction of Judgment, or they don't respond within the required number of days (usually under or around a month), the court may require them to pay you something.Feb 18, 2021
Where a claim has been issued, and the Defendant has filed a Defence in connection with the Claim, the Court will send notice that the claim is being defended and will provisionally allocate the Claim to a 'Track' at Court – each Track has its own procedural rules and rules as to who should pay the legal costs.
Defended claim The defendant, at the point of receipt of your claim, can do one of a few things. A defence can be filed disputing part of the claim, the whole of the claim, and a counterclaim can also be made against you.Nov 28, 2018
Overview of Divorce Process. A divorce begins when either spouse files and properly serves a divorce complaint on the other spouse. If you’re on the receiving end of a divorce complaint, the worst thing you can do is nothing. A court can grant your spouse everything asked for in the complaint if you don’t respond.
Even if your spouse filed for a no-fault divorce, you can file a counterclaim for divorce on fault grounds like abandonment or adultery. You will need to demonstrate your grounds for divorce in a counterclaim. Finally, a counterclaim can also protect your case in the event your spouse stops litigating the divorce.
Counterclaims and cross-claims sometimes appear in the answer. A counterclaim arises when the defendant's response includes a claim against the plaintiff. A counterclaim may come from the same circumstances as the plaintiff's claim or from a different set of facts. A cross-claim may be filed when one party to a suit charges another party ...
Answer. The first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available AFFIRMATIVE DEFENSES.
The answer may plead any form of denial that is truthful and made in GOOD FAITH. Although general denials that deny the truth of every fact in the complaint or of every element of a charge are sometimes used, they are not considered a sufficient response. Courts discourage general denials because they fail to respond to specific allegations ...
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 . The defendant must determine if the law allows an affirmative defense to a charge, and must allege sufficient facts to support the defense.
An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you.
If you filed an answer and a counterclaim, the Plaintiff will likely file a response to your counterclaim. And the case will move forward from there. If you filed a motion, a hearing will be scheduled for the court to make a decision.
Overview. If you have received a summons and complaint, that probably means you are being sued. Being sued can be one of life’s most stressful experiences. Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away.
However you decide to respond to the lawsuit, remember there are deadlines to take action. 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.
Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.
If you do nothing, the plaintiff can – and probably will! – ask the court for a default judgment. You may have other options as well. The best way to evaluate your options is to speak to a lawyer. An attorney might be able to identify defenses that apply to you or even help you settle your case out of court.
File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.
A mini-trial is a public method of dispute resolution. Early neutral evaluation is a means of alternative dispute resolution used prior to discovery. Rent-a-judge facilities are private operations. Summary jury trials offer the perspective of a jury with a shortened version of the case.
A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness. A directed verdict can occur immediately after the pleadings are filed. Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in litigation.
Assuming that the defendant has not interposed any counterclaims (which would require a pleading known as a "reply"), the discovery process usually commences. if the matter is in federal court, a scheduling conference is usually held first.
The demands of every lawsuit are different. In a district or county court case, typically, after an answer is filed, discovery would be done, which includes Requests for Production, Interrogatories, Requests for Disclosure and Depositions. If it is a small claims case, you might just set it for trial.
It is really difficult to determine what your next step is in prosecuting your lawsuit. There is no one path getting your case resolved in court. It may require a trial by judge or jury; a summary judgment may be proper; or mediation may be desired or ordered.