Legal Question in Civil Litigation in Washington
Need quick help for an assignment!! How to insert affirmative defenses
I have an assignment due today and basically it is a made up lawsuit. We are supposed to repsond to a complaint with an answer and affirmative defenses. I have the answer typed out and am supposed to insert these three things: comparative fault, failure to mitigate and failure to state a claim. I have no idea how to do this! Please help if you can. Thanks so much! Here is part that would fit in here, but I don't know how to insert the affirmative defenses.
''..... 3.5 Answering paragraph 3.5, defendant is without sufficient information to form a belief as to the truth or falsity of the allegations and therefore deny them.
4.1 Answering paragraph 4.1, defendant is without
sufficient information to form a belief as to the truth or falsity of the allegations and therefore deny them.
...........
6.1 Paragraph 6.1 of the plaintiff�s complaint requires no
answer.
BY WAY OF FURTHER ANSWER AND AFFIRMATIVE DEFENSES, defendants allege:
1. Defendant specifically reserves the right to allege affirmative defenses as discovery progresses.
WHEREFORE, HAVING ANSWERED PLAINTIFF�S COMPLAINT, defendant
prays as follows:
1. That the plaintiff�s complaint be dismissed with prejudice;
2. That the defendant ........
1 Answer from Attorneys
Re: Need quick help for an assignment!! How to insert affirmative defenses
Merry Christmas! Here goes:
Run through your answer first - to each paragraph, admit, deny or deny because of lack of knowledge. If there is an averment to which you do not think an answer is required say that, then hedge:
"Paragraph 4.2 does not require an answer, but in the event that an answer is required the Defendant denies" will cover you.
Start a new heading with "Affirmative Defenses" and it sounds like this:
BY WAY OF FURTHER ANSWER AND BY WAY OF AN AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, and without admitting any matters not previously admitted, defendant (name) specifically denies that s/he is liable to the Plaintiff for any damages he may have suffered, and that the complaint fails to state a cause of action upon which relief may be granted because
(insert affirmative defense here)
Repeat as necessary.
Remember, this is notice pleading. You are not required to spell out your proof at this stage.
WInd up by writing:
WHEREFORE, premises considered, the Defendant requests that the Plaintiff take nothing by way of his complaint, which should be dismissed with prejudice because:
1. Aff def #1.
2. Aff def #2
etc.
Defendant prays the court dismiss the action and find that Plaintiff should take nothing by way of relief, and order the Plaintiff to pay the Defendants reasonable attorney fees and costs of suit which have been incurred in defending this matter as allowed by statute and the laws of the State of Washington.
Respectfully submitted this __ day of ___, 2005
You
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
