Legal Answer and Counterpetition

LEGAL ANSWER AND COUNTERPETITION

Court Name:   Case No.:

Plaintiff Name:   Defendant/Respondent Name:

RECITALS

WHEREAS, Plaintiff commenced the above-entitled action by filing a complaint on alleging causes of action described therein;

WHEREAS, Defendant denies the material allegations of the complaint except those expressly admitted in this Answer and reserves all defenses permitted by law; and

WHEREAS, Defendant asserts claims against Plaintiff arising out of the same transaction or occurrence and therefore files this Counterpetition (Counterclaim) asserting all available remedies and defenses.

NOW THEREFORE, having answered the Complaint and asserting the Counterpetition, Defendant states as follows:

1. JURISDICTION AND PARTIES

1.1 Defendant admits that this Court has jurisdiction over the subject matter of certain claims as alleged, subject to Defendant's right to contest jurisdiction for other claims. Venue is proper in this judicial district for the reasons alleged in the Complaint and for the allegations set forth in the Counterpetition.

1.2 Defendant/respondent is: with principal address at .

2. ANSWER — ADMISSIONS AND DENIALS

2.1 Defendant answers the Complaint paragraph-by-paragraph. Except as expressly admitted below, Defendant denies each and every allegation of the Complaint.

Paragraphs admitted: .

Paragraphs denied: .

3. GENERAL AND SPECIFIC DEFENSES

Without conceding any facts or legal conclusions in the Complaint, Defendant asserts the following affirmative defenses. Defendant reserves the right to assert additional defenses as may be revealed in discovery.

Failure to state a claim upon which relief can be granted

Statute of limitations

Comparative/contributory negligence or fault

Estoppel, waiver, or laches

Lack of personal or subject-matter jurisdiction

4. COUNTERPETITION / COUNTERCLAIMS

Defendant brings the following counterclaims against Plaintiff arising out of the same transaction or occurrence alleged in the Complaint.

Count I — Breach of Contract

Count II — Negligence (if applicable)

5. PRAYER FOR RELIEF

WHEREFORE, Defendant/Counterclaimant prays for judgment against Plaintiff as follows:

1. Money damages in an amount to be proven at trial as set forth above:
2. Pre- and post-judgment interest according to law;
3. Reasonable attorney's fees and costs incurred in this action;
4. Such equitable relief as the Court deems just and proper, including injunctive relief:
5. Such other and further relief as the Court may deem proper.

6. JURY DEMAND

Defendant hereby demands a trial by jury on all issues so triable.

7. NOTICES

All notices required or permitted by this pleading shall be in writing and shall be deemed given when personally delivered or when deposited with the United States Postal Service, first-class postage prepaid, addressed as follows:

8. AMENDMENTS AND WAIVER

Defendant expressly reserves the right to amend this Answer and Counterpetition to assert additional defenses or counterclaims as discovery proceeds. No failure to assert any defense or counterclaim shall constitute a waiver of that defense or counterclaim.

9. GOVERNING LAW

This Answer and Counterpetition shall be governed by and construed in accordance with the laws of the state in which the Court is located, without regard to doctrines of conflicts of law.

10. ENTIRE AGREEMENT

This pleading, including the Counterpetition, constitutes the complete and final statement of Defendant's present defenses and counterclaims asserted in this action, subject to amendment as permitted by the rules of civil procedure.

11. SEVERABILITY

If any provision of this pleading is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. CERTIFICATION OF SERVICE

I certify under penalty of perjury under the laws of the applicable jurisdiction that on I served a true and correct copy of this Answer and Counterpetition on counsel of record for Plaintiff by the following method(s):

First-class mail

Hand delivery

Electronic service (where permitted)

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