Legal Draft Answer

LEGAL DRAFT ANSWER

Court:    Case No.:

Plaintiff:    v.    Defendant:

Attorney for Defendant:    Bar No.:

RECITALS

WHEREAS, Plaintiff commenced an action in the above-captioned court alleging claims against Defendant as set forth in the complaint filed on ; and

WHEREAS, Defendant denies the material allegations of wrongdoing and intends to assert affirmative defenses and such counterclaims as set out below; and

WHEREAS, the parties seek to place Defendant's formal answer on the record in a manner that preserves all defenses and preserves Defendant's right to contest jurisdiction, venue, and the sufficiency of the complaint;

NOW, THEREFORE, Defendant answers the complaint as follows.

1. GENERAL RESPONSE

1.1 Defendant denies, generally and specifically, each and every allegation of the complaint except those expressly admitted in this Answer. Any allegation not expressly admitted is denied.

2. AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without conceding any factual allegation or legal theory alleged by Plaintiff. Defendant reserves the right to amend or supplement these defenses as discovery and further investigation develop.

Statute of limitations — Plaintiff's claims are barred in whole or in part by applicable statutes of limitation.

Failure to state a claim — The complaint fails to state facts sufficient to constitute a cause of action against Defendant.

Lack of personal jurisdiction or subject matter jurisdiction.

Contributory or comparative negligence, fault, or wrongdoing on the part of Plaintiff that bars or reduces recovery.

Estoppel, waiver, laches, and unclean hands.

Failure to mitigate damages.

3. COUNTERCLAIMS

3.1 Without conceding any of Plaintiff's allegations, Defendant asserts the following counterclaims to the extent supported by evidence and applicable law.

4. JURY DEMAND

Defendant requests a trial by jury on all issues so triable.   Demanded: Yes

5. CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Answer was served on counsel of record by the following method(s):

Electronic mail

Hand delivery

First-class mail

6. NOTICES

All notices and communications required or permitted under this Answer or by rule shall be in writing and shall be delivered to counsel for each party at the address set forth below or any other address subsequently designated in writing.

7. AMENDMENT; WAIVER; COUNTERPARTS

Defendant reserves the right to amend this Answer and to assert additional defenses or counterclaims as permitted by law. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Answer shall be governed by the laws of the state in which the action is filed, without regard to conflict-of-law principles. This Answer constitutes the complete statement of Defendant's positions set forth herein and supersedes any prior statements to the extent inconsistent. If any provision of this Answer is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that the Court: (a) dismiss the complaint with prejudice; (b) award Defendant costs and attorneys' fees as provided by law; (c) award such other and further relief as the Court deems just and proper.

VERIFICATION

I declare under penalty of perjury under the laws of the jurisdiction in which this action is filed that the foregoing is true and correct to the best of my knowledge, information, and belief.

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