Ladynred/whycahat / scott - questions on affirmative defenses
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Posted by colleen (152.163.253.37) on September 10, 2003 at 16:48:05:
Ladynred, Whychat, Scott....After researching for my Answer on a Summon, I have gathered these affirmative defenses but could not find more references on its definition/meaning: 1. Summons was defective or improperly served [Rule 12(b)(1)-(5)]. Question: What factors can make a summon defective?
2. The complaint fails to state a claim upon which relief can be granted [Rule 12 (b)(6)]. What does this defense mean? Also,is this in favor of the plaintiff or defendant? I am sorry for asking what may seem inpertinent questions...but I would really appreciate all your input and help. Thanks again.
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