Answer and Counterclaim Mississippi Form
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People also ask
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What is the difference between an answer and a counterclaim?
While the answer is simply admitting or denying information from the complaint, the counterclaim can be used to put forth alternative versions of the facts or a completely different reason for the divorce. The counterclaim functions just like a complaint, you do not need to prove anything in the counterclaim.
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What is the rule 11 in Mississippi?
Rule 11 - Signing of Pleadings and Motions (a) Signature Required. Every pleading or motion of a party represented by an attorney shall be signed by at least one attorney of record in that attorney's individual name, whose address shall be stated.
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What is the rule 81 in Mississippi?
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS.
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How long do you have to file an answer to counterclaim?
(B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim.
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Can you include a counterclaim in an answer?
Counterclaim. A counterclaim is a claim for relief by the defendant against the plaintiff. The answer or response ("Responsive Pleading") to the complaint may include a counterclaim. There is no filing fee to file a counterclaim.
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What happens if you lose with a counterclaim?
If the case truly is a countersuing, then it will be a civil case, so if you lose, the insurance company will be awarded damages including possibly all their money back plus possibly the costs of administering, investigating and going legal on your claim.
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What is needed for a counterclaim?
In order to make a counterclaim, you first draft your response to the lawsuit. Then you need to describe the factual circumstances surrounding your claim and make a demand for compensation or other relief. Be sure you do not confuse counterclaims with cross-complaints.
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What are the rules for counterclaims in Mississippi?
A pleading may state as a counter-claim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. (c) Counter-Claim Exceeding Opposing Claim. A counter-claim may or may not diminish or defeat the recovery sought by the opposing party.
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