ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

Idaho Small Claims Department

[// GUIDANCE: This template is drafted to comply with the Idaho Rules of Small Claims Actions (“IRSC”) and applicable provisions of the Idaho Code. Customize all bracketed fields, delete inapplicable sections, and verify local‐court procedures (deadlines, form requirements, hearing dates).]

I. CAPTION

IN THE DISTRICT COURT OF THE STATE OF IDAHO
FOR THE [__] JUDICIAL DISTRICT
COUNTY OF [__]
SMALL CLAIMS DEPARTMENT
| | Case No.: [____] |
|---------------------|-------------------------|
| [PLAINTIFF NAME], | |
| Plaintiff, | |
| v. | ANSWER, AFFIRMATIVE DEFENSES, |
| [DEFENDANT NAME], | AND (OPTIONAL) COUNTERCLAIM |
| Defendant. | |

II. APPEARANCE & ANSWER

1. Identification of Defendant.
   Defendant [Full Legal Name] (“Defendant”) appears pro se / by counsel [Name, Bar No.] and submits this Answer pursuant to IRSC Rule [__].

2. Timeliness.
   This Answer is filed within the time permitted—i.e., [___] days after service of the Small Claims Complaint or such other period set by court notice.
   [// GUIDANCE: IRSC generally requires a defendant to appear at the hearing rather than file a written answer; however, local practice often permits or encourages a written response. Confirm deadline with the clerk.]

3. Paragraph-by-Paragraph Responses.
   For convenience, Defendant adopts the paragraph numbering used in Plaintiff’s Complaint.

a. Paragraph 1: [Admit / Deny / Lack information]
b. Paragraph 2: [Admit / Deny / Lack information]
c. Paragraph 3: …
d. All remaining allegations not expressly admitted are denied.

III. AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead every colorable defense. Omitting an affirmative defense may constitute waiver under IRCP 8(c) incorporated by IRSC.]

1. Failure to State a Claim. Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

2. Lack/Excess of Jurisdiction. The amount in controversy and/or relief sought exceeds the statutory small-claims limit or seeks injunctive relief not available in this forum.

3. Insufficient Service of Process. Plaintiff failed to effectuate service in strict compliance with IRSC Rule 3.

4. Statute of Limitations. The claim is barred by the applicable limitations period under Idaho Code § [_].

5. Payment, Accord & Satisfaction. Any debt alleged has been paid, discharged, or otherwise satisfied.

6. Set-Off / Recoupment. Defendant is entitled to offset any award by amounts owed to Defendant by Plaintiff.

7. Waiver, Estoppel, and Laches. Plaintiff’s conduct constitutes waiver and/or estoppel, and any delay is unreasonably prejudicial.

8. Release. Plaintiff executed a binding release of the claims asserted.

9. Unclean Hands. Equitable principles bar Plaintiff’s recovery.

10. Reservation of Additional Defenses. Defendant reserves the right to amend to add further defenses as discovery proceeds or as justice requires.

IV. (OPTIONAL) COUNTERCLAIM

[// Delete entire Section IV if no counterclaim is asserted.]

1. Nature of Counterclaim. Pursuant to IRSC Rule [__], Defendant asserts a counterclaim in the amount of $[__], which is within the jurisdictional limit of this Small Claims Department.

2. Counterclaim Allegations.
   a. On or about [Date], Plaintiff [describe conduct giving rise to liability].
   b. As a direct and proximate result, Defendant suffered damages of $[amount].

3. Prayer on Counterclaim. Defendant seeks:
   • Judgment against Plaintiff in the amount of $[__];
   • Pre- and post-judgment interest as allowed by law; and
   • Such other relief as the Court deems just and proper.

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss Plaintiff’s Complaint with prejudice;
2. Enter judgment on Defendant’s Counterclaim (if any) as set forth above;
3. Award Defendant all costs allowable under IRSC Rule [__]; and
4. Grant such further relief as the Court deems equitable and just.

VI. VERIFICATION

[Required if local rule demands sworn pleading.]

I, [Defendant Name], declare under penalty of perjury pursuant to the laws of the State of Idaho that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Executed on this ___ day of _, 20, at [City], Idaho.

[DEFENDANT NAME]

VII. CERTIFICATE OF SERVICE

I certify that on the ___ day of _, 20, I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and (Optional) Counterclaim upon:

• Plaintiff – [Name & Mailing Address]
• [Plaintiff’s Counsel] – [Name & Mailing Address]

by: ☐ U.S. Mail ☐ Hand Delivery ☐ Email (consented) ☐ Other: ______.

[Signature of Server]

VIII. SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME]
Mailing Address: ___
Telephone: __
Email (if any): ____

☐ Pro Se ☐ By Counsel:

[ATTORNEY NAME], Idaho Bar No. ______
[Law Firm]
[Address]
[Phone] | [Email]

[// GUIDANCE:
1. Deadlines – Confirm timing with the “Hearing Notice” or local administrative order; small-claims courts often set the first appearance/control date upon service.
2. Transfer to Regular Docket – If either party wishes to remove the matter from small claims to the magistrate civil docket (Idaho Code § 1-2308), a written notice must be filed at least 2 days before the hearing; incorporate such election in a separate pleading, not in the Answer.
3. Counterclaim Limit – May not exceed small-claims monetary cap (currently $[insert current limit]) and must be served on Plaintiff at least 2 days before trial.
4. Evidence & Exhibits – Prepare copies of all exhibits for the court and opposing party; identify them in advance on an exhibit list if the judge requires.
5. Settlement – Courts encourage voluntary resolution; consider court-sponsored mediation where available.
]