Monday, September 14, 2009


Answer and Counterclaims (continued)

The Defendant may make various denials as to the truth of the plaintiff’s allegations. Remember, that if the defendant fails to deny allegations made in the complaint they are deemed admitted. The kinds of denials include: (1) specific denials; (2) general denials; (3) qualified denials; (4) denial of knowledge or information; and (5) denial based on information and belief. In addition to these denials (explained below) the defendant must explicitly plead affirmative defenses in his answer. Rule 8(c) of the Nevada Rules of Civil Procedure lists 19 specific defenses that must be plead in the defendant’s answer else they are lost. However, Rule 15(a) generally allows the defendant 20 days from the service of the original answer in which to amend his answer to include specific affirmative defenses.

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