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For instance, Smith's Plaintiff's Original Complaint says that Jones breached a contract by only delivering 5 items instead of the 10 items that the contract calls for. Jones files a Defendant's Original Answer which says that after the parties signed the contract they agreed on the phone to change the quantity to 5.
The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...
It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. [7]
If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion, obtain the court's leave to do so. Rule 14(a)(2): When properly served, the third-party defendant must assert any defense against the thirdparty plaintiff's claim under Rule 12;
An answer to a complaint; An answer to a counterclaim designated as a counterclaim; An answer to a crossclaim; A third-party complaint; An answer to a third-party complaint; and; If the court orders one, a reply to an answer. Any other document that requests a court order is referred to as a motion.
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; a different claim by the defendant against the plaintiff; a claim by an impleaded third-party defendant against the original defendant acting as a third-party plaintiff; a claim by any party against another party who has made a crossclaim against them