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Sample answer to complaint in United States District Court

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This sample answer to a civil complaint in United States District Court is designed to be used by a Defendant in civil litigation in United States District Court. The sample can be modified and used in ANY United States District Court, it includes a demand for a jury trial, brief instructions, several generic affirmative defenses and a proof of service by mail.

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Sample answer to complaint in United States District Court

  1. 1. 12345678910111213141516171819202122232425262728Any PartyAny StreetAny Town, CA 55555714-555-5555Defendant, Pro seUNITED STATES DISTRICT COURT________ DISTRICT OF _____________Any Plaintiff,Plaintiff,vs.Any Defendant, and DOES 1-5Defendants.))))))))))))Case No.ANSWER OF DEFENDANT ________ TOCOMPLAINT OF PLAINTIFF___________[DEMAND FOR JURY TRIAL]To subscribe to my FREE weekly legal newsletter visithttp://www.legaldocspro.net/newsletter.htm and enter your e-mailaddress. Be sure to remove this notice and all other notices beforeusing this document.Defendant, __________, answers the complaint of Plaintiff, ________________ as follows:1. Defendant admits the allegations in paragraphs 1, 2, 3, 4, 5, and 6.2. Defendant denies the allegations in paragraph 7, 8, 9, 10, 11, 12.- 1 -ANSWER TO COMPLAINT
  2. 2. 123456789101112131415161718192021222324252627283. Defendant has not information or belief that the allegations in paragraph 13 are true soDefendant denies them.4. Defendant denies the allegations in paragraph 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51,52, 53, 54, 55, 56, 57, 58, 59, 60 and 61.5. Except as expressly admitted herein, Defendant denies all of the allegations of thecomplaint.If you know that everything in a particular paragraph isfalse then deny it. If you have no knowledge whether aparticular paragraph is true, then deny it on information andbelief as shown in paragraph 3 above. Remember thatanything that you do not specifically deny will be consideredadmitted and that you should admit or deny every paragraph.FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every claim for reliefof the complaint, this Answering Defendant is informed and believes, and on such information andbelief alleges as follows:Be sure to include some details in your affirmativedefenses, in other words state enough facts so that you state asufficient defense. Do NOT just use the affirmative defenses- 2 -ANSWER TO COMPLAINT
  3. 3. 12345678910111213141516171819202122232425262728here without adding in some details, for example only, astatement such as: “On or about, plaintiff and I agreed that Iwould pay them the sum of $____ as full and completereimbursement. I paid plaintiff that sum on or about____,which constitutes an accord and satisfaction” but use the factsfrom your situation.FIRST AFFIRMATIVE DEFENSE6. As a First and Separate Affirmative Defense, this Answering Defendant alleges that thePlaintiff’s complaint and each claim for relief contained therein fails to state facts sufficient to state aclaim against this Answering Defendant.SECOND AFFIRMATIVE DEFENSE7. As a Second and Separate Affirmative Defense to the complaint and each claim for reliefcontained therein, this Answering Defendant alleges the doctrine of accord and satisfaction, and as aresult Plaintiff is estopped from raising any claims against this Answering Defendant.THIRD AFFIRMATIVE DEFENSE8. As a Third and Separate Affirmative Defense to the complaint and each claim for reliefcontained therein, this Answering Defendant alleges the doctrine of assumption of risk, and as aresult Plaintiff is estopped from raising any claims against this Answering Defendant.- 3 -ANSWER TO COMPLAINT
  4. 4. 12345678910111213141516171819202122232425262728To purchase the entire sample shown here visithttp://www.scribd.com/doc/135536451/Sample-Answer-to-Civil-Complaint-in-United-States-District- 4 -ANSWER TO COMPLAINT

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