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Civil accident lawsuit? how do I answer?
- Thread Starter ctjnou06
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army judge
Super Moderator
You probably want to retain that attorney, sooner, rather than later.
But, just in case, you find the court's website, and they should have certain templates.
You want an answer template.
The website provides guideline son how the document must be formatted.
But, you're essentially oing to deny, deny, deny.
Your answer goes something like this:
Now comes the defendant, who denies each and every allegation in the defendant's pleading.
You actually have two general choices that you can use, but choose carefully.
Answer to the Complaint
This is a document filed by the defendant responding to the allegations of the plaintiff.
This often is just a blanket denial of all the plaintiff's claims, at least in the initial response.
Demurrer
This is a common response to a civil lawsuit in which rather than providing a detailed denial of the facts of the case, the defendant instead alleges there are no legal grounds for the lawsuit and it therefore should be dismissed.
This isn't that easy, that';s why you really need a lawyer.
If you mess it up, you're doubly screwed.
Samples/explanations:
http://judicial.alabama.gov/library/rules/cv8.pdf
http://wiki.answers.com/Q/How_do_you_answer_a_civil_summons_for_a_lawsuit#slide1
http://www.northwestregisteredagent.com/lawsuit-answer.html
http://index.about.com/index?am=bro...7092a6-0-ab_gsb&qsrc=999&ad=semD&o=5908&l=sem
fredrikklaw
Moderator
First, let's check for tenacity!
CTJNOU06….
Well, I can only guess that your husband was driving through Alabama when the accident occurred, and it is unfortunately the Alabama's Long Arm Statute that has made it possible for the plaintiff to sue out of state residents in his own state court and not in Federal Court.
In fact, every state has such long arm statutes, which basically say that by driving the state's highways, a non-state resident driver consents to be bound over for litigation per the laws of that states having satisfied the minimal contact diversity requirements.
Therefore, the causes of actions have arose from and also will be decided based on local precedents. So in this case, Alabama rules will rule the day. Apart from that and having home field advantage, the rest of the proceeding is pretty much of the cookie cutter sort;
Therefore, you will have to either answer the complaint within the allotted days inserting denials or admissions and what not, as well as any counterclaims you may have. Or if you do not feel like answering, can file a demurer, or a 12(b)(6) motion to dismiss, or even a motion for summary judgment. You can also attempt to dismiss the case for defective service of process or lack of jurisdiction which if successful, can only delay the proceedings as the cure for a plaintiff in such cases will be to reattempt service of process. Then again, depending on how meaty the damages that are prayed for are, some plaintiffs may give up the ghost and move on if it is going to cost more to bring a defendant into court than to prosecute him.
The sensible option here would be to NOT answer the complaint as it will confer personal jurisdiction on the court of your person and then you are hooked. Instead, many a defendant initially set about testing the resolve and the resources of the Plaintiff by Motioning to dismiss the case at bar while making only a special appearance only.
Also, it would be a good idea to file for an extension of time in which to respond; this will give you some breathing space allowing you to weigh up your options and not having to rush into rash responses, like making a foolish general appearance in the case when you really had meant to appear specially.
fredrikklaw
CTJNOU06….
Well, I can only guess that your husband was driving through Alabama when the accident occurred, and it is unfortunately the Alabama's Long Arm Statute that has made it possible for the plaintiff to sue out of state residents in his own state court and not in Federal Court.
In fact, every state has such long arm statutes, which basically say that by driving the state's highways, a non-state resident driver consents to be bound over for litigation per the laws of that states having satisfied the minimal contact diversity requirements.
Therefore, the causes of actions have arose from and also will be decided based on local precedents. So in this case, Alabama rules will rule the day. Apart from that and having home field advantage, the rest of the proceeding is pretty much of the cookie cutter sort;
Therefore, you will have to either answer the complaint within the allotted days inserting denials or admissions and what not, as well as any counterclaims you may have. Or if you do not feel like answering, can file a demurer, or a 12(b)(6) motion to dismiss, or even a motion for summary judgment. You can also attempt to dismiss the case for defective service of process or lack of jurisdiction which if successful, can only delay the proceedings as the cure for a plaintiff in such cases will be to reattempt service of process. Then again, depending on how meaty the damages that are prayed for are, some plaintiffs may give up the ghost and move on if it is going to cost more to bring a defendant into court than to prosecute him.
The sensible option here would be to NOT answer the complaint as it will confer personal jurisdiction on the court of your person and then you are hooked. Instead, many a defendant initially set about testing the resolve and the resources of the Plaintiff by Motioning to dismiss the case at bar while making only a special appearance only.
Also, it would be a good idea to file for an extension of time in which to respond; this will give you some breathing space allowing you to weigh up your options and not having to rush into rash responses, like making a foolish general appearance in the case when you really had meant to appear specially.
fredrikklaw
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