Legal Response to Summons

LEGAL RESPONSE TO SUMMONS

Court Name:    County:    Case No.:

Plaintiff:    vs.    Defendant/Respondent:

RECITALS

WHEREAS, Plaintiff commenced an action by filing a complaint and causing a summons to issue in the above-captioned matter; and

WHEREAS, Defendant/Respondent has been served with the summons and complaint and hereby makes this formal written response in accordance with applicable rules of civil procedure; and

WHEREAS, Defendant/Respondent preserves all defenses, objections and rights available under statute and case law, and explicitly reserves the right to amend this response as additional facts become known through investigation or discovery.

NOW, THEREFORE, in consideration of the foregoing recitals, Defendant/Respondent responds to the complaint as follows:

1. ANSWER TO ALLEGATIONS

Defendant/Respondent admits, denies, or states lack of sufficient knowledge to admit or deny each numbered allegation in the Complaint. Each admission or denial is made only as to the specific paragraph identified and is subject to the qualifications and affirmative defenses set forth herein.

2. AFFIRMATIVE DEFENSES

Defendant/Respondent asserts the following affirmative defenses, without conceding that Plaintiff has established any claim or that Defendant has any burden of proof beyond applicable law:

3. COUNTERCLAIM / CROSS-CLAIM (IF ANY)

To the extent Defendant/Respondent has claims arising out of the same transaction or occurrence, Defendant/Respondent asserts the following counterclaims or reserves the right to assert same after investigation:

4. PRAYER FOR RELIEF

WHEREFORE, Defendant/Respondent respectfully requests 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. For costs of suit, and reasonable attorney's fees to the extent permitted by law;
3. For such further relief as the Court deems just and proper, including interest and equitable relief where appropriate;
4. Such other and further relief as Defendant/Respondent may show is proper upon final hearing.

5. VERIFICATION AND CERTIFICATION

I, the undersigned, 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, information and belief.

6. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Response to Summons was served on the following parties in accordance with applicable rules of civil procedure:

7. NOTICES

All notices and communications required or permitted under this Response shall be given to the counsel or party designated below at the address stated.

GOVERNING LAW; MISCELLANEOUS PROVISIONS

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

Entire Agreement: This Response, including any incorporated attachments, constitutes the entire written statement of Defendant/Respondent's initial response to the Complaint and supersedes any prior written or oral statements made with respect to the matters addressed herein.

Severability: If any provision of this Response is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent to the fullest extent permitted by law.

Amendments and Waiver: No amendment, waiver or modification of any provision of this Response shall be effective unless made in writing and signed by Defendant/Respondent or counsel of record. The failure to enforce any provision shall not constitute a waiver of any other provision.

RESERVATION OF RIGHTS

Defendant/Respondent expressly reserves all rights to amend this Response, assert any additional defenses, file counterclaims or cross-claims, and seek discovery as permitted by the rules of civil procedure and applicable law.

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