Fill and Sign the Answer Defendant Form

IN THE ____________________ COURT OF _________________________ (County), ________________________________________ (State) __________________________________________ PLAINTIFF V. CAUSE NO. ____-_____ ___________________________________________ DEFENDANT ANSWER AND AFFIRMATIVE DEFENSES Comes now ________________________________________, Defendant herein, and submits his answer and affirmative defenses to the allegations contained in the Complaint filed against him herein. FIRST DEFENSE Defendant would show that the Complaint fails to state a claim or cause of action against him upon which any relief can be granted. SECOND DEFENSE Prior to the incident alleged in Plaintiff's Complaint, Plaintiff and Defendant entered into an agreement by which Plaintiff, being fully informed of the risks of engaging in ______________________________________________________________ ___________________________________________________ (e.g., the sport or activity of motocross racing), expressly agreed to assume all risk associated with ____________ ________________________________________________________________________ ________________________________________________________________________ (e.g., participating in the motocross race sponsored by Defendant) and to hold Defendant harmless for any injuries or damages sustained by Plaintiff while __________ ________________________________________________________________________ ________________________________________________________________________ (e.g., participating in the motocross race sponsored by Defendant ). A true and correct copy of said agreement is attached hereto as Exhibit A and made a part of this Answer. THIRD DEFENSE And now, answering the allegations of the Complaint filed against him, paragraph by paragraph, Defendant would show the following: I. Defendant admits the allegations of Paragraph I of the Complaint _____________ ________________________________________________________________________ ________________________________________________________________________ [ e.g. that Defendant is an adult resident citizen of (street address, city, county, state, zip code)]. II. Defendant admits the allegations of Paragraph II of the Complaint ____________ ________________________________________________________________________ ________________________________________________________________________ [e.g. that Plaintiff is an adult resident citizen of (street address, city, county, state, zip code)]. III. Defendant denies the allegations of Paragraph III of the Complaint. IV. Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph IV of the Complaint and therefore denies same. WHEREFORE, now having fully answered said Complaint, Defendant requests that said Complaint be dismissed with prejudice and that Defendant be awarded costs of this suit from Plaintiff. Respectfully submitted, ____________________________________ DEFENDANT CERTIFICATE OF SERVICE I, ________________________________________, (Defendant) do hereby certify that a true and correct copy of the above and foregoing Answer and Affirmative Defenses has been sent, via first class mail, postage prepaid, to ________________________________________ (Plaintiff) at ____________________ ________________________________________________________________________ (street address, city, county, state, zip code). So certified, this the _____ day of ___________________, 20__________. ___________________________________ DEFENDANT