Fill and Sign the Separate Answer and Affirmative Defenses to Crossclaim Form

- 1 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________ )) ) Petitioner/Plaintiff, ))) NO. Vs. )) ) Respondents/Defendants ) ) SEPARATE ANSWER AND AFFIRMATIVE DEFENSES OF _______________ TO CROSS-CLAIM OF ________________________ COMES NOW, _______________ ("_______________"), by and through its attorneys of record, and files its Answer and Affirmative Defenses to the Cross-claim filed against it herein by _______________ ("_______________") as follows: FIRST DEFENSE The Cross-claim fails to state a claim against _______________ upon which relief can be granted and _______________ moves to dismiss the Cross-claim pursuant to Rule 12(b)(6) of ___________ Rules of Civil Procedure. SECOND DEFENSE _______________'s Cross-claim and the relief requested therein against _______________ is barred by the doctrine of waiver. THIRD DEFENSE _______________'s Cross-claim and the relief requested therein against _______________ is barred by the doctrine of laches. FOURTH DEFENSE _______________'s Cross-claim and the relief requested therein against _______________ is barred by the statute by the applicable statute(s) of limitations, including Miss. Code Ann. § 15-1-49. - 2 - FIFTH DEFENSE _______________ is estopped to assert the claims set forth in its Cross-claim against _______________ by virtue of and as a result of _______________'s own actions and inactions. SIXTH DEFENSE The Cross-claim and the relief requested therein by _______________ against _______________ is barred by the doctrines of accord and satisfaction, payment, release and discharge, election of remedies and/or estoppel. SEVENTH DEFENSE _______________'s Cross-claim and the relief requested therein against _______________ is barred by the doctrines of res judicata and collateral estoppel. EIGHTH DEFENSE _______________'s Cross-claim and the relief requested therein against _______________ are barred by failure of consideration. NINTH DEFENSE ANSWER Defendant, _______________ answers the allegations of the Cross-claim herein paragraph by paragraph as follows: 1. _______________ re-alleges and reaffirms all matters set forth in its Separate Answer and Affirmative Defenses to the Complaint filed by _______________ herein and to the extent that any matters "set up" in _______________'s Answer to _______________'s Complaint and re-alleged and re-affirmed in paragraph 1 are inconsistent with the Answer and Affirmative Defenses of _______________ said allegations of paragraph 1 are denied. 2. The allegations of paragraph 2 are admitted. 3. The last unnumbered paragraph of the Cross-claim beginning "WHEREFORE, PREMISES CONSIDERED", and including sub-paragraphs 1-12 thereunder, is denied and it is specifically denied that _______________ is entitled to any of the relief request in the Cross-claim against _______________ or any relief whatsoever.WHEREFORE, _______________ moves that the Cross-claim filed against it herein by _______________ be dismissed with prejudice, with all costs assessed against the Cross-Plaintiff.THIS the ___ day of ______________, 20__. - 3 - Respectfully submitted,___________________________________By: _______________________________ - 4 - CERTIFICATE OF SERVICE I, _______________, do hereby certify that I have this day caused to be mailed, via United States mail, postage prepaid, a true and correct copy of the above and foregoing instrument to the following persons at their respective addresses:THIS the ____ day of _______, 20__. _______________