Legal Answer and PDOM

LEGAL ANSWER AND PDOM

Court Name:    Case Number:

Plaintiff Name:    v.    Defendant Name:

RECITALS

WHEREAS, Plaintiff has filed a Complaint asserting claims described in the captioned action and seeking relief against Defendant; and

WHEREAS, Defendant contests the legal and factual bases for the allegations and intends to set forth a formal Answer and to provide proof of delivery or mailing of responsive documents in accordance with applicable procedural rules; and

WHEREAS, the parties require a written Answer and a contemporaneous declaration of service or proof of delivery/mailing (PDOM) to be filed with the court to document service of the instant pleading;

NOW THEREFORE, Defendant answers the Complaint and provides the PDOM as follows.

1. GENERAL ANSWER

Pursuant to the applicable rules of civil procedure, Defendant hereby responds to the numbered paragraphs of the Complaint. Except as expressly admitted herein, Defendant denies each and every allegation set forth in the Complaint and denies that Plaintiff is entitled to any relief.

2. SPECIFIC RESPONSES TO ALLEGATIONS

3. AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without assuming the burden of proof improperly placed on Plaintiff and reserves the right to assert additional defenses as warranted by discovery and further investigation.

Statute of limitations - Plaintiff's claims are barred by the applicable statute of limitations.
Failure to state a claim - The Complaint fails to state facts sufficient to constitute a cause of action.
Lack of standing - Plaintiff lacks standing to assert some or all of the claims.
Contributory or comparative negligence - Plaintiff's own conduct contributed to the alleged damages.
Estoppel, waiver, or laches - Plaintiff's claims are barred by equitable defenses.
Other defenses (specify below)

4. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court enter judgment as follows:

5. PROOF OF DELIVERY / MAILING (PDOM)

I declare under penalty of perjury under the laws of the jurisdiction in which this document is filed that the following statements are true and correct. The undersigned served a copy of the foregoing Answer on the parties listed below by the selected method on the date indicated.

First-class mail    Certified mail, return receipt requested    Personal service    Electronic service (if authorized)

I declare under penalty of perjury that the foregoing is true and correct and that I am over the age of eighteen years and not a party to this action.

6. NOTICES

All notices required or permitted under this filing shall be given in writing to the addresses listed below and shall be deemed effective upon personal delivery, confirmed electronic transmission when authorized, or three days after deposit in the United States mail, postage prepaid.

7. GENERAL PROVISIONS

Governing Law: This Answer and PDOM shall be governed by and construed in accordance with the substantive law of the state or federal jurisdiction in which the action is pending, without regard to conflicts of law principles.

Entire Agreement: This document, together with any incorporated attachments, constitutes the entire understanding with respect to the subjects addressed herein and supersedes any prior written or oral agreements or understandings between the parties concerning those subjects.

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

Amendments; Waiver: No amendment or waiver of any provision hereof shall be effective unless in writing and signed by the party to be charged. Failure to enforce any provision shall not constitute a waiver of that provision or any other.

8. COUNTERPARTS

This Answer and PDOM may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Facsimile or electronic (e.g., PDF) signatures shall be deemed originals for all purposes.

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