Legal Amended Answer

Legal Amended Answer

Court Name:   County:

Case Number:   Division:

Plaintiff Name:   v.    Defendant Name:

Recitals

WHEREAS, Plaintiff commenced the above-captioned action by filing a complaint on or about ; and

WHEREAS, Defendant previously filed an answer dated ; and

WHEREAS, Defendant seeks to amend the prior answer to assert additional defenses and to correct or supplement responses to the allegations set forth in the complaint.

Now Therefore

NOW THEREFORE, Defendant hereby amends the prior answer and responds to the Complaint as follows. This Amended Answer supersedes and replaces only those portions of the prior Answer specifically addressed herein and is filed without waiver of any defenses, objections, or rights not expressly waived in writing.

1. General Response

Except as expressly admitted below, Defendant denies each and every allegation of the Complaint and demands strict proof thereof. Defendant asserts that Plaintiff bears the burden of proof on all elements of each cause of action and that Defendant reserves all rights to assert affirmative defenses and to amend this Answer as permitted by the rules of procedure.

2. Specific Responses to Complaint Paragraphs

To each numbered paragraph of the Complaint, Defendant responds as follows. Where a paragraph is not specifically addressed, Defendant denies the allegations contained therein.

3. Affirmative Defenses

Defendant alleges the following affirmative defenses without assuming or conceding the burden of proof where not required by law, and without waiver of any other defenses:

Statute of Limitations

Failure to State a Claim Upon Which Relief Can Be Granted

Estoppel

Laches

Release, Accord and Satisfaction, or Payment

4. Counterclaims and Setoffs

Defendant hereby asserts the following counterclaims and setoffs, if any. Each counterclaim is pleaded in the alternative and is not intended to waive other claims or defenses.

5. Prayer for Relief

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant on Defendant's counterclaims in the amounts set forth below (if applicable);
3. Award costs of suit and reasonable attorney's fees to Defendant as permitted by law;
4. Grant such other and further relief as the Court deems just and proper.

6. Amendments

This Amended Answer is filed pursuant to the applicable rules of civil procedure and is intended to supplement and replace, to the extent specified herein, the Defendant's prior Answer. Defendant expressly reserves the right to amend this pleading further to assert additional defenses or claims supported by subsequently discovered facts or law.

7. Notices

All notices required or permitted under this Amended Answer shall be in writing and delivered to the addresses set forth below by personal delivery, registered or certified mail, or other method authorized by the procedural rules.

8. Waiver; Amendments; Counterparts

No waiver of any provision of this Amended Answer shall be effective unless in writing and signed by the party waiving the provision. This pleading may be amended or supplemented by written instrument filed with the Court. This Amended Answer may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

9. Governing Law; Severability; Entire Agreement

This Amended Answer shall be governed by and construed in accordance with the laws of the state in which the Court sits, without regard to principles of conflicts of law. If any provision of this Amended Answer is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Amended Answer, together with any attachments and prior pleadings expressly incorporated herein, constitutes the entire written statement of Defendant's amended positions in this action with respect to the matters addressed herein.

10. Certificate of Service

I hereby certify that on the date shown below, a true and correct copy of this Amended Answer was served on all parties or their counsel of record in accordance with the applicable rules of civil procedure.

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