Get General Form of an Answer by Defendant in a Civil Lawsuit

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IN THE ___COURT OF ___ (County), ___ (State) ___ V.PLAINTIFF CAUSE NO. _________DEFENDANTANSWER AND AFFIRMATIVE DEFENSES Comes now ___, Defendant herein, and submits his answer and affirmative defenses
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FAQ

a motion to strike an affirmative defense, courts would consider whether the. defense was “legally sufficient under any. set of facts which may be inferred from. the allegations of the pleading.”

a motion to strike an affirmative defense, courts would consider whether the. defense was “legally sufficient under any. set of facts which may be inferred from. the allegations of the pleading.”

First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'. ... That is known as an 'answer'.

I f opting for a motion, the proper motion is for judgment on the pleadings. This motion to strike defenses applies where a responsive pleading fails to state a legally cognizable defense. A motion to strike a defense is akin to a motion to dismiss a cause of action for failure to state a claim.

In the Rutter Guide, paragraph 7:166.1, “Motion to strike answer,” stated: “The only pleading allowed to an answer is a demurrer (which must be filed within 10 days after service . . .). Thus, a motion to strike an answer must be filed within the same period of time.

A motion to strike matter from a pleading should be filed within the time for, and before, the moving party's responsive pleading. [ Note 1.] However, a motion to strike matter from a pleading will not relieve the defendant from filing its responsive pleading.

The motion to strike a defense must be asserted within 20 days of the responsive pleading or motion. ... This motion to strike defenses applies where a responsive pleading fails to state a legally cognizable defense. A motion to strike a defense is akin to a motion to dismiss a cause of action for failure to state a claim.

2d 593 (Fla. 2d DCA 2004). Indeed, a plaintiff has an absolute right to amend once before a responsive pleading is filed. A motion to dismiss is not a responsive pleading, and so a plaintiff can amend an initial Page 4 4 complaint at any point prior to the trial court's ruling on a motion to dismiss.

3 attorney answers Generally, you can respond to a Motion to Strike by filing an Opposition to Motion to Strike or simply a Response to Motion to Strike. Yes, you may attach exhibits to your response and may cite case law to show that the motion to strike is...

A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'. ... That person, through their lawyer, has an opportunity to respond to the allegations.