Legal Plaintiff's Answer Form

LEGAL PLAINTIFF'S ANSWER FORM

Court:    Case No.:

Plaintiff Name:    Defendant Name:

This Answer is filed by Plaintiff in response to Defendant's Counterclaim and/or Amended Pleading filed in this action. Complaint filed on: .

RECITALS

WHEREAS, Plaintiff commenced this action by filing a complaint alleging the claims set forth therein and seeking relief as described in the complaint; and

WHEREAS, Defendant filed a counterclaim and/or affirmative defenses in response to the complaint; and

WHEREAS, Plaintiff now submits this Answer to the counterclaim and reserves all rights to assert defenses, cross-claims or amendments as permitted by applicable law.

NOW, THEREFORE, in consideration of the foregoing and the mutual stipulations contained herein, Plaintiff answers as follows:

1. PARTIES AND JURISDICTION

Plaintiff affirms that the Court has subject matter jurisdiction and personal jurisdiction over the parties to the extent alleged in the complaint, and, to the extent jurisdictional facts differ, Plaintiff pleads and relies upon those facts as alleged herein and in attachments to this Answer.

2. ADMISSIONS, DENIALS, AND RESPONSES

Except as expressly admitted below, Plaintiff denies each and every allegation contained in the Counterclaim and demands strict proof thereof. Plaintiff's responses to the numbered paragraphs of the Counterclaim are as follows:

Specific Answers (Identify paragraph numbers and state whether admitted, denied, or lack sufficient information)

3. AFFIRMATIVE DEFENSES

Plaintiff asserts the following affirmative defenses without conceding any burden that otherwise rests with Plaintiff:

Statute of limitations: Plaintiff avers that some or all claims are barred because they were not timely asserted.

Lack of capacity or standing: Plaintiff asserts a defense to the extent the opposing party lacks legal capacity or standing to assert the counterclaim.

Failure to state a claim: The counterclaim fails to state a claim upon which relief can be granted.

4. COUNTERCLAIMS, SETOFFS AND CROSS-CLAIMS

Plaintiff hereby states that it does not assert any counterclaim against Defendant unless specified below. If Plaintiff asserts a counterclaim or setoff, a concise statement is provided.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment as follows:

1. That Defendant's counterclaims be dismissed, in whole or in part, with prejudice;
2. That Plaintiff be awarded costs of suit and reasonable attorneys' fees as permitted by contract or law; Amount sought for fees (if known):
3. That Plaintiff be awarded pre- and post-judgment interest to the fullest extent allowed by law; and
4. Such other and further relief as the Court deems just and proper.

6. NOTICE INFORMATION AND CONTACT

7. VERIFICATION

I, the undersigned Plaintiff (or counsel for Plaintiff), declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge.

8. MISCELLANEOUS PROVISIONS

Governing Law: This Answer shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles.

Entire Agreement: This Answer, together with the complaint, counterclaims and any exhibits filed in this action, constitutes the entire pleading with respect to the matters addressed herein and supersedes any prior oral or written representations on these issues.

Severability: If any provision of this Answer is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver: Plaintiff reserves the right to amend this Answer as permitted by applicable rules of civil procedure. No failure to exercise, nor delay in exercising, any right or remedy shall operate as a waiver.

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