Re: Affirmative Defenses Where do I put?

Posted by Boadicea (66.149.179.202) on June 15, 2004 at 22:08:07:

In Reply to: Affirmative Defenses Where do I put? posted by qutgnt on June 15, 2004 at 21:06:40:

The caption goes at the top of the first page, about two inches down from the top. (That give the clerks room to put holes in it to bind it with the rest of the documents.) It MUST match what is on your summons EXACTLY.

You separate out the answer to the complaint and the affirmative defenses with bold and underlined headers. Both answer and affirmative defenses can go in the same multi-paged document. Typically,

First heading: DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Second heading: DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT

Third heading: DEFENDANT'S FIRST AFFIRMATIVE DEFENSE - (name of affirmative defense, i.e. FAILURE TO STATE A CAUSE)

or alternately, AFFIRMATIVE DEFENSE I

Third heading: DEFENDANT'S SECOND AFFIRMATIVE DEFENSE - - (name of affirmative defense, i.e. STATUTE OF FRAUDS)

or alternately, AFFIRMATIVE DEFENSE II.

And so forth.

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