Legal Answer and Counter Form

LEGAL ANSWER AND COUNTER FORM

Court:    Case No.:

Plaintiff Name:    Respondent / Defendant Name:

Date of Original Filing:

RECITALS

WHEREAS, Plaintiff has initiated an action described in the caption above alleging causes of action against Respondent / Defendant concerning the matters set forth in the complaint; and

WHEREAS, Respondent / Defendant asserts that the complaint, in whole or in part, contains allegations that are denied, insufficient, barred, or otherwise actionable as set forth in this Answer; and

WHEREAS, Respondent / Defendant has claims arising from the same transaction or occurrence as the complaint and therefore asserts counterclaims against Plaintiff as set forth below;

NOW, THEREFORE, Respondent / Defendant answers the complaint and asserts counterclaims as follows.

1. ANSWER TO COMPLAINT

1.1 Admissions and Denials. Respondent / Defendant specifically admits, denies, or avers lack of knowledge sufficient to justify a belief as to the truth of each allegation in the complaint as follows:

1.2 Affirmative Defenses. Respondent / Defendant asserts the following affirmative defenses. Check all that apply and set forth any additional factual basis in the space provided.

Affirmative Defenses (select applicable) Statute of limitations
Failure to state a claim upon which relief can be granted
Lack of personal jurisdiction
Waiver or estoppel
Comparative or contributory fault
Other affirmative defenses (specify below)

2. COUNTERCLAIM

2.1 Nature of Counterclaim. Respondent / Defendant brings the following counterclaim(s) against Plaintiff arising from the same transaction or occurrence alleged in the complaint.

3. ADDITIONAL PROCEDURAL REQUESTS

3.1 Jury Demand: Respondent / Defendant demands a trial by jury on all issues so triable.

3.2 Preservation of Rights: Respondent / Defendant expressly reserves the right to amend or supplement this Answer and Counterclaim as further information and evidence become available.

4. PRAYER FOR RELIEF

WHEREFORE, Respondent / Defendant prays for judgment as follows:

5. MISCELLANEOUS PROVISIONS

Governing Law: This Answer and Counterclaim shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the court sits, without regard to conflicts of law principles.

Entire Agreement: This document contains the entire statement of Respondent's / Defendant's responsive pleading and counterclaims with respect to the matters alleged, and supersedes any prior statements or understandings regarding the same.

Severability: If any provision of this Answer and Counterclaim is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Notices: All notices or communications required or permitted under this Answer and Counterclaim shall be in writing and shall be delivered to the addresses set forth below.

Amendments and Waiver: Any amendment to this Answer and Counterclaim must be in writing and signed by the party against whom enforcement is sought. No waiver of any provision will be effective unless in writing.

Counterparts: This Answer and Counterclaim may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

CERTIFICATION

I declare under penalty of perjury under the laws of the jurisdiction where this action is pending that the foregoing is true and correct to the best of my knowledge and belief and that this Answer and Counterclaim is filed in good faith and not for purposes of delay or harassment.

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