§ Form 15 Answer presenting defenses under Rule 12.02
Form 15 Answer presenting defenses under Rule 12.02
First Defense
The complaint fails to state a claim against defendant upon which relief can be granted.
Second Defense
If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G.H. G.H. is alive; is a citizen of the State of Kentucky and a resident of this county, is subject to the jurisdiction of this court, can be made a party, and has not been made a party.
Third Defense
Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.
Fourth Defense
The right of action set forth in the complaint did not accrue within _____ years next before the commencement of this action.
Counterclaim
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.)
Cross-claim against Defendant M.N.
(Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.)
(The above form contains the various defenses provided for in Rule 12.02.
The first defense raises the legal sufficiency of the complaint. Its effect is equivalent to a general demurrer or a motion to dismiss.
The second defense is equivalent to a plea in abatement.
The third defense is equivalent to an answer on the merits.
The fourth defense is one of the affirmative defenses provided for in Rule 8.03.
The answer also includes a counterclaim and a cross-claim.)
Research Note