[// GUIDANCE: This pleading is drafted to comply with the Alaska Rules of Civil ]
[// Procedure (“ARCP”). It assumes no counterclaims and a pure ]
[// general denial. If you intend to (a) answer paragraph-by-paragraph, ]
[// or (b) assert counterclaims, insert additional sections as noted. ]
[// Citations included herein are foundational and long-standing. ]
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[__] JUDICIAL DISTRICT AT [______]
[PLAINTIFF NAME],
Plaintiff,
v.
Case No. _____
[DEFENDANT NAME],
Defendant.
| ANSWER AND AFFIRMATIVE DEFENSES |
| (General Denial) |
Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, hereby files this Answer and Affirmative Defenses to the Complaint of Plaintiff [PLAINTIFF NAME] (“Plaintiff”) and states as follows:
1. TIMELINESS
This Answer is timely under Alaska R. Civ. P. 12(a) (20-day deadline after service of the Summons and Complaint).
2. GENERAL DENIAL
Pursuant to Alaska R. Civ. P. 8(b), Defendant denies each and every allegation of the Complaint not expressly and unequivocally admitted herein, and demands strict proof thereof.
[// GUIDANCE: If you prefer paragraph-by-paragraph responses, delete Section 2 and ]
[// insert: “SPECIFIC RESPONSES” with admissions/denials for ¶1, ¶2, etc.] ]
3. AFFIRMATIVE DEFENSES
(Alaska R. Civ. P. 8(c))
- Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
- Statute of Limitations – One or more claims are time-barred by the applicable statutes of limitation.
- Laches – Plaintiff’s undue delay has prejudiced Defendant.
- Waiver / Estoppel / Acquiescence – Plaintiff’s conduct bars recovery.
- Accord and Satisfaction – The matters alleged have been settled and satisfied.
- Payment – Amounts claimed have been fully or partially paid.
- Failure to Mitigate – Plaintiff failed to mitigate purported damages.
- Comparative Fault – Any damages must be reduced in proportion to Plaintiff’s own fault.
- Set-Off / Recoupment – Defendant is entitled to offset sums owed by Plaintiff.
- Reservation of Defenses – Defendant reserves the right to assert additional defenses that become known through discovery or other investigation, pursuant to Alaska R. Civ. P. 15.
4. [OPTIONAL] COUNTERCLAIMS
[// GUIDANCE: If asserting counterclaims, insert counts here. Compulsory counterclaims ]
[// arising out of the same transaction or occurrence must be pleaded now ]
[// (Alaska R. Civ. P. 13(a)); permissive counterclaims may also be added. ]
5. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment in Defendant’s favor on all claims;
C. Award Defendant its costs and reasonable attorneys’ fees under Alaska R. Civ. P. 54(d) & 82; and
D. Grant such other and further relief as the Court deems just and proper.
6. RESERVATION OF RIGHTS
Defendant reserves the right to amend this pleading to add, withdraw, or modify defenses and/or counterclaims as discovery progresses, consistent with Alaska R. Civ. P. 15.
DATED: [____]
Respectfully submitted,
text
[ATTORNEY NAME]
Alaska Bar No. [__]
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Phone: [() -_]
Email: [_____]
Attorney for Defendant [DEFENDANT NAME]
CERTIFICATE OF SERVICE
I certify that on [date] a true and correct copy of the foregoing Answer and Affirmative Defenses was served on:
text
[Opposing Counsel Name], Esq.
[Law Firm Name]
[Street Address]
[City, State ZIP]
Email: [____] (☐ if consented)
U.S. Mail ☐ Email ☐ Hand-Delivery ☐ ECF ☐
text
[ATTORNEY NAME]
[// GUIDANCE: Alaska does not require verification for standard civil answers unless a ]
[// specific statute mandates it (e.g., certain eviction cases). Review fact- ]
[// specific rules before adding a verification or Rule 11 certificate. ]