Legal Original Answer

LEGAL ORIGINAL ANSWER

Court: Case No.:     Judge:

Plaintiff Name:     Defendant Name:

Defendant Name: (hereinafter "Defendant") answers the Complaint filed by Plaintiff Name: (hereinafter "Plaintiff") and, without waiving defenses, states as follows:

RECITALS

WHEREAS, Plaintiff commenced this action by filing a Complaint alleging claims against Defendant arising from certain transactions or occurrences described in the Complaint; and

WHEREAS, Defendant asserts that Plaintiff's Complaint fails to state facts sufficient to constitute a cause of action, and that, alternatively, the Complaint is barred in whole or in part by affirmative defenses set forth below; and

WHEREAS, Defendant seeks to preserve all rights to assert counterclaims, cross-claims, setoffs, and defenses under applicable law.

NOW, THEREFORE, in consideration of the foregoing recitals and the matters set forth below, Defendant answers the Complaint as follows:

1. GENERAL RESPONSE TO ALLEGATIONS

Defendant hereby responds to the numbered paragraphs of the Complaint. Unless expressly admitted below, each factual allegation in the Complaint is denied. For specificity, Defendant's responses to Plaintiff's allegations are as follows:

Specific responses to Complaint paragraphs (identify paragraph number and state Admit, Deny, or Insufficient Information):

2. AFFIRMATIVE DEFENSES

By way of affirmative defenses and without assuming any burden of proof not otherwise required by law, Defendant asserts the following defenses. Defendant reserves the right to amend or add defenses as discovery may warrant.

Affirmative Defenses (select applicable): Failure to state a claim upon which relief can be granted. The Complaint does not plead sufficient facts to constitute a cause of action against Defendant. Statute of limitations. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. Contributory or comparative negligence. Plaintiff's recovery, if any, is reduced or barred by Plaintiff's own negligence or fault. Estoppel, laches, and waiver. Plaintiff's claims are barred by equitable doctrines including but not limited to estoppel, laches, and waiver. Payment, release, discharge, accord and satisfaction, or setoff to the extent any obligation is alleged. Other defenses as may be revealed through discovery.

If "Other defenses" is selected, describe and preserve additional affirmative defenses below:

3. COUNTERCLAIMS AND CROSS-CLAIMS

Defendant reserves all rights to assert counterclaims or cross-claims against Plaintiff or third parties arising out of the transactions or occurrences alleged in the Complaint. Any counterclaim asserted will be pleaded in a separate pleading or amendment. Briefly state intent or nature of potential counterclaim:

4. JURY DEMAND

Defendant hereby requests a trial by jury on all issues so triable, and demands all rights afforded by statute and court rule.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant prays that the Court enter judgment as follows:

1. That Plaintiff take nothing by reason of the Complaint and that the Complaint be dismissed with prejudice;
2. That Defendant recover costs, disbursements, and reasonable attorneys' fees as allowed by law;
3. That any claims asserted by Plaintiff be limited, offset, or abated as appropriate;
4. For declaratory relief as to the parties' rights and obligations under the relevant instruments and applicable law; and
5. For such other and further relief as the Court deems just and proper.

If monetary relief is sought by Defendant as part of a counterclaim, state amount sought (if known):

6. NOTICES

7. AMENDMENTS; WAIVER

Defendant reserves the right to amend this Answer and to assert additional defenses, counterclaims, or cross-claims as permitted by applicable rules of procedure and discovery. No delay or failure to assert any right shall operate as a waiver of that right unless expressly waived in writing.

8. GOVERNING LAW

This Answer and any defenses, counterclaims, or obligations arising out of the matters pleaded herein shall be governed by the substantive laws of the State of , without regard to its choice-of-law principles.

9. ENTIRE AGREEMENT

To the extent this Answer addresses contractual or other written instruments, such instruments, together with their incorporated terms and this Answer as applicable, constitute the entire agreement among the parties with respect to the matters alleged and supersede all prior understandings, representations, and agreements, whether oral or written.

10. SEVERABILITY

If any provision of this Answer is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

WHEREFORE, Defendant respectfully requests the relief set forth above and such further relief as the Court deems just and proper.

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