Fill and Sign the Laches 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 Defendant affirmatively alleges that Plaintiff is guilty of laches and excessive delay in bringing this action, in that Plaintiff failed to notify Defendant of the claim on which this action is based until _________________________ (date of notice) , although Plaintiff had known of the claim since on or about ________________________ (date of knowledge) . Such laches and excessive delay were without good cause and substantially prejudiced Defendant. To allow Plaintiff at this late date to assert this cause of action against Defendant for ______________________________________________________ ________________________________________________________________________ __________________________ (name of cause of action such as specific performance) would be unconscionable because ____________________________________________ _______________________________________________________________________ _______________________________________________________________________ __(e.g., witnesses who would have been available to testify on Defendant's behalf at an earlier date are no longer alive). Plaintiff's action is and ought in equity to be barred by reason of Plaintiff's laches. 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