Frequently Asked Questions - Answering a Claim

What do I write in my answer?

You write the factual and legal defenses to the complaint. There are four ways you can answer a complaint they are:
 (1) An answer.
    An answer must include short and clear statements that either admit or deny specific allegations in a complaint, or state that the defendant does not have enough knowledge to admit or deny them. An answer must also state a factual and legal defenses of the party to the complaint. [ARCP 8(b),(c)]
(2) A motion to dismiss the complaint.
     A motion to dismiss on the following grounds may be made under this rule before an answer is filed: 
     (i)   A motion to dismiss for lack of jurisdiction (“jurisdiction” is the authority of the court over the subject matter of the lawsuit and over a defendant);
     (ii)  A motion to dismiss for improper venue (“venue” is the location of the court in which the lawsuit was filed);
     (iii)  A motion to dismiss for improper service of the summons and complaint;
     (iv) A motion to dismiss because the complaint does not state a valid claim, even if the facts alleged in the complaint are assumed to be true. [ARCP 12(b)]
(3) A motion for a more definite statement.
    This motion must allege that the complaint is unclear. A motion for a more definite statement must point out the defects that make the complaint unclear, and the types of details that should have been provided. [ARCP 12(e)]
(4) A motion to strike the complaint.
    This motion must allege that the complaint contains immaterial, impertinent, or scandalous allegations, and that it should be stricken partially or entirely. [ARCP 12(f)].
For more information you may want to consult an attorney.
Resources:
•    Rule 116 of Justice Court Rules of Civil Procedure
•    Rule 8 of Arizona Rules of Civil Procedure
•    Rule 12 of Arizona Rules of Civil Procedure

 

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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