More examples in Legal/Paralegal Practice
Pretrial Practice and Procedure Answer and Counterclaim Example
SmartDraw includes Paralegal Practice examples like this Pretrial Practice and Procedure Answer and Counterclaim template that you can easily edit and customize in minutes.
Text in this example:
Answer and Counterclaim The counterclaim must state a cause of action against the plaintiff/counter defendant or it will be subject to the same preliminary motions as a complaint.
The key in answering a complaint is either deny or admit each allegation. A Motion to
Dismiss This may raise the following defenses:
Lack of jurisdiction of subject matter
Lack of jurisdiction overt the person
Improper venue
Insufficiency of process
Insufficiency of service of process
Failure to state a claim upon which relief can be granted Motion to
Strike This motion is made to get the court to strike all parts or all of a pleading that is defective in form Motion to
Compel This motion is normally used when either party fails or refuses to answer interrogatories or requests for admissions Motion to
Quash Service of Summons This is known as a "special appearance" and is only used to question jurisdiction of the court over the person. If you plan to file a motion to quash, you cannot file any other type of pleading in the case. Motion for Judgment on the Pleadings This motion cannot be made until the required pleadings in the case have all been filed and the case is ready to be tried. Motion for Summary
Judgment You are making a motion requesting the court to grant a judgment against the opposition without a trial. Pretrial Motions Concerning Pleadings Filing and Serving Answer and Counterclaim Drafting Answer and Counterclaim
The key in answering a complaint is either deny or admit each allegation. A Motion to
Dismiss This may raise the following defenses:
Lack of jurisdiction of subject matter
Lack of jurisdiction overt the person
Improper venue
Insufficiency of process
Insufficiency of service of process
Failure to state a claim upon which relief can be granted Motion to
Strike This motion is made to get the court to strike all parts or all of a pleading that is defective in form Motion to
Compel This motion is normally used when either party fails or refuses to answer interrogatories or requests for admissions Motion to
Quash Service of Summons This is known as a "special appearance" and is only used to question jurisdiction of the court over the person. If you plan to file a motion to quash, you cannot file any other type of pleading in the case. Motion for Judgment on the Pleadings This motion cannot be made until the required pleadings in the case have all been filed and the case is ready to be tried. Motion for Summary
Judgment You are making a motion requesting the court to grant a judgment against the opposition without a trial. Pretrial Motions Concerning Pleadings Filing and Serving Answer and Counterclaim Drafting Answer and Counterclaim