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I'm pro se plaintiff having received an answer to a complaint what do I do now only defense stated was plaintiff failed to state a claim yet you copied coa dential malpractice?
Wiki User
∙ 16y ago
More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.
Wiki User
∙ 18y ago
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What is an answer and cross-complaint?
In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
When initiating a legal suit by filing a complaint what should the complaint include?
In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.
What factors does a defense use in civil case against the plaintiff?
Your question is too broad to be answered as written, as the nature of the defense depends upon the cause of action asserted by the Plaintiff.
When filing a motion to dismiss can you assert an affirmative defense?
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Which malpractice defense is most likely to be asserted due to a passage of time?
Statute of limitations
The assertion of innocence as a defense against malpractice charges is called?
release of tortfeasor
Who starts first the plaintiff or the defense?
The plaintiff - their legal representative outlines the case for the prosecution. It's then up to the defence barrister to answer the allegations on behalf of the defendant.
What does representation by counsel mean?
It generally means the access by a plaintiff to a lawyer who directs his defense.
When answering a deficiency judgment complaint can you also ask for dismissal of the case based on personal insolvency?
Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense.
What evidence do you need to submit to the court as a defense against false allegations?
Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.
What evidence do you need to submit to the court as a defense against false allegations.?
Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.
What is the difference between an affirmative defense and a denial?
A denial does just that it denies the Plaintiff's allegations and the burden of proof is still on the Plaintiff to prove the prima facie case.An affirmative defense does not deny the allegations but asserts a defense that would negate the legal effect of the Plaintiff's cause of action. The burden of proof in an affirmative defense is on the Defendant.An example would be a breach of contract case. The Plaintiff claims that he had a contract with the Defendant, and Defendant did not perform the contract. A denial would say "We never had a contract" and the Plaintiff would have to prove the existence of a contract. An affirmative defense would say "Yes, we had a contract, but that was 20 years ago thus the action is barred by the 10 year statute of limitations." Then the burden of proof is on the Defendant to show that the contract falls outside of the statute of limitations period.
