Friday, September 11, 2009

ANSWER AND COUNTERCLAIMS

Answer and Counterclaims

The defendant’s response to the complaint is called an answer. In the answer, the defendant states in short and plain terms his defenses to each claim asserted by the plaintiff, and admits or denies each count of the plaintiff’s complaint. Defenses, like complaints may be plead in the alternative. For example, in a breach of contract suit, the defendant can in count 1 of his answer state that no contract existed, while in count 2 state that if such a contract did exist, it was breached by the plaintiff, not defendant.

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