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This resource covers essential aspects of civil procedure related to "The Answer," focusing on its structure, key rules, and service requirements. It discusses Rule 7(b) regarding motion forms, the importance of local and individual judge rules, and the specific elements that must be included in an answer, such as admissions, denials, and affirmative defenses. Additionally, it addresses time limits for filing and serving an answer under the relevant rules, providing a comprehensive understanding for law students and practitioners alike.
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Civil ProcedureSection F Fall 2003 Class 12 The Answer
Practice Exercise 9 • Please hand in
Consolidation and Waiver • 12(g) • 12(h) • Special Rules for subject matter jurisdiction – 12(h)(3)
Motion Practice • Rule 7(b) (form of motion, e.g. in writing, state grounds, include relief, signed, subject to Rule 11) • Rule 5 (service) • Importance of local rules and individual judges rules
WHAT IS AN ANSWER? • A pleading (7(a))
TIME LIMITS FOR AN ANSWER • When must an answer be served? • How can an answer be served? • Rule 5(b) • When must an answer be filed? • Rule 5(d)
What is in an Answer? • Notice Pleading applies • Admissions • 8(b) • Denials • 8(d) • General Denial/Specific Denial • Deemed Denials • Affirmative Defenses • 8(c)