State Court Answer and General Denial - Alaska

STATE COURT ANSWER AND GENERAL DENIAL

Alaska Superior Court

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

DEFENDANT'S ANSWER, GENERAL DENIAL, AND AFFIRMATIVE DEFENSES

(With Reservation of Counterclaims)

Filed Pursuant to Alaska R. Civ. P. 8(b), 8(c), and 12(a)

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant [________________________________] ("Defendant"), by and through undersigned counsel, hereby files this Answer, General Denial, and Affirmative Defenses in response to the Complaint filed by Plaintiff [________________________________] ("Plaintiff") on [__/__/____].

2. Defendant was served on [__/__/____]. This Answer is served within the applicable period under Alaska R. Civ. P. 12(a) [or the court's order dated [__/__/____]].

3. Defendant asserts the defenses identified below. Any defense subject to Alaska R. Civ. P. 12(h)(1) must be raised in the manner and time required by that rule; a general reservation does not preserve it.

4. Defendant may seek to amend this Answer under Alaska R. Civ. P. 15 as permitted by that rule and any scheduling order.

5. Except as expressly and specifically admitted herein, Defendant denies each and every allegation, matter, claim, and thing contained in the Complaint and demands strict proof thereof at trial.

II. GENERAL DENIAL

6. Pursuant to Alaska R. Civ. P. 8(b), Defendant, intending in good faith to controvert all the averments of the Complaint and subject to the obligations set forth in Alaska R. Civ. P. 11, hereby generally denies each and every allegation of the Complaint not expressly and unequivocally admitted herein, and demands strict proof thereof.

7. Under Alaska R. Civ. P. 8(d), averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. By this General Denial, Defendant denies all averments not expressly admitted below.

III. SPECIFIC RESPONSES TO NUMBERED PARAGRAPHS OF THE COMPLAINT

In further response to the Complaint, Defendant states as follows with respect to each numbered paragraph:

Paragraph 1:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 2:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 3:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 4:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 5:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 6:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 7:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

Paragraph 8:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained herein and therefore denies the same

Response: [________________________________]

(Add additional paragraphs as necessary to respond to all allegations in the Complaint)

8. To the extent any allegation of the Complaint is not specifically addressed above, such allegation is denied.

IV. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not otherwise imposed by law, Defendant asserts only the defenses selected below and supported by case-specific facts. Delete unselected defenses before filing. Any later amendment is governed by Alaska R. Civ. P. 15 and applicable court orders.

☐ FIRST DEFENSE: Failure to State a Claim

9. The Complaint fails to state a claim upon which relief can be granted as required by Alaska R. Civ. P. 12(b)(6). The factual allegations, even accepted as true, do not support any cognizable legal theory entitling Plaintiff to the relief requested.

☐ SECOND AFFIRMATIVE DEFENSE: Statute of Limitations

10. One or more of Plaintiff's claims are barred, in whole or in part, by the applicable statutes of limitation under Alaska law, including but not limited to:
    • AS 09.10.070 (two-year limitation for personal injury actions)
    • AS 09.10.053 (three-year limitation for contract actions)
    • AS 09.10.050 (six-year limitation for waste or trespass upon real property)
    • Other applicable limitation periods under AS Chapter 09.10

Identify the claim, accrual facts, and applicable provision: [________________________________].

☐ THIRD AFFIRMATIVE DEFENSE: Comparative Fault / Contributory Fault

11. If this is an action based on fault for injury, death, or property harm, Plaintiff's own fault contributed to the claimed harm as follows: [________________________________]. Under AS 09.17.060, compensatory damages attributable to Plaintiff's fault are diminished proportionately. If fault is allocated among multiple persons under AS 09.17.080, Defendant requests findings and a judgment against each liable party on the basis of several liability under that section.

☐ FOURTH AFFIRMATIVE DEFENSE: Payment, Accord, and Satisfaction

12. Any amounts allegedly owed by Defendant to Plaintiff have been fully or partially paid, satisfied, discharged, or otherwise extinguished through accord and satisfaction, settlement, release, or other payment. These defenses are specifically enumerated in Alaska R. Civ. P. 8(c).

☐ FIFTH AFFIRMATIVE DEFENSE: Estoppel, Waiver, and Laches

13. Plaintiff's claims are barred, in whole or in part, by [estoppel / waiver / laches] based on the following conduct and resulting prejudice: [________________________________]. Alaska R. Civ. P. 8(c) lists these defenses.

☐ SIXTH DEFENSE: Failure to Mitigate Damages

14. Plaintiff could have avoided some of the alleged loss by [identify available steps and supporting facts: ________________________________]. Defendant requests any reduction supported by the evidence and applicable law.

☐ SEVENTH DEFENSE: Unclean Hands

15. If Plaintiff seeks equitable relief, Defendant alleges that Plaintiff engaged in [describe conduct related to the requested relief: ________________________________] and invokes any applicable equitable defense.

☐ EIGHTH DEFENSE: Standing

16. Defendant contests Plaintiff's standing to assert [identify claim: ________________________________] because [state case-specific facts and the applicable standing basis: ________________________________].

☐ NINTH DEFENSE: Claim or Issue Preclusion

17. Plaintiff's claims or issues were previously adjudicated in [identify proceeding, judgment, and parties: ________________________________]. Defendant asserts [claim preclusion / issue preclusion] to the extent supported by that prior adjudication. Alaska R. Civ. P. 8(c) expressly lists res judicata.

☐ TENTH AFFIRMATIVE DEFENSE: Assumption of Risk

18. Defendant asserts assumption of risk, as listed in Alaska R. Civ. P. 8(c), based on these facts: [________________________________]. State how this defense applies to the claim and requested relief: [________________________________].

☐ ELEVENTH AFFIRMATIVE DEFENSE: Illegality

19. Defendant asserts illegality, as listed in Alaska R. Civ. P. 8(c), based on [identify conduct and applicable law: ________________________________], to the extent it affects Plaintiff's claim for relief.

☐ TWELFTH DEFENSE: Set-Off and Recoupment

20. Defendant asserts [set-off / recoupment] based on [identify debt, transaction, and amount: ________________________________], to the extent available under applicable law. Plead any affirmative claim separately as a counterclaim when required by Rule 13.

☐ THIRTEENTH AFFIRMATIVE DEFENSE: Release

21. Plaintiff released Defendant from [identify claim and scope: ________________________________] under [identify the release, parties, date, and terms: ________________________________]. Release is listed in Alaska R. Civ. P. 8(c).

ADDITIONAL DEFENSES SUPPORTED BY THE FACTS

22. ☐ [Name and state the facts supporting any additional defense to be asserted now: ________________________________].

V. COUNTERCLAIMS (IF APPLICABLE)

☐ Defendant asserts no counterclaim in this Answer. Before selecting this option, evaluate Rule 13(a)'s compulsory-counterclaim requirement and its exceptions; Rule 13(e) concerns claims that mature or are acquired after serving a pleading. A later omitted counterclaim may require leave under Rule 13(f) or an amendment under Rule 15.

☐ Defendant asserts the following counterclaims:

Type of Counterclaim:
☐ Compulsory Counterclaim (Alaska R. Civ. P. 13(a) - subject to the rule's pending-action and attachment exceptions)
☐ Permissive Counterclaim (Alaska R. Civ. P. 13(b) - not arising out of the same transaction or occurrence)

Nature of Counterclaim:
☐ Breach of Contract
☐ Negligence / Tort
☐ Fraud / Misrepresentation
☐ Unjust Enrichment
☐ Declaratory Judgment
☐ Indemnification / Contribution
☐ Other: [________________________________]

Counterclaim Parties

23. Counterclaim Plaintiff: [________________________________] ("Counter-Plaintiff")
24. Counterclaim Defendant: [________________________________] ("Counter-Defendant")

Jurisdiction and Venue

25. This Court has subject-matter jurisdiction over this counterclaim because [________________________________]. The basis for personal jurisdiction over Counter-Defendant and venue is [________________________________].

Factual Allegations

26. [________________________________]

27. [________________________________]

28. [________________________________]

Causes of Action

Count I: [________________________________]

29. [________________________________]

30. [________________________________]

Count II: [________________________________]

31. [________________________________]

32. [________________________________]

(Add additional counts as necessary)

VI. SEPARATE JURY DEMAND

File this demand as its own document. Copy this section and the complete case caption into a separate document. Sign and serve that demand no later than 10 days after service of the last pleading directed to the jury-triable issue; file it with the court. An embedded demand in this answer does not meet Alaska Civil Rule 38(b), (d).

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

Defendant separately demands a trial by jury on all issues so triable under Alaska Civil Rule 38.

☐ All jury-triable issues
☐ Only these jury-triable issues: [________________________________]

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court enter judgment as follows:

A. Dismissing Plaintiff's Complaint in its entirety, with prejudice;

B. Entering judgment in favor of Defendant on all claims asserted in the Complaint;

C. If counterclaims are asserted, entering judgment in favor of Defendant/Counter-Plaintiff on all counterclaims in amounts to be proven at trial;

D. Awarding Defendant allowable costs and attorney's fees if Defendant is a prevailing party under Alaska R. Civ. P. 79 and 82;

E. Awarding pre-judgment and post-judgment interest as allowed by law;

F. Granting such other and further relief as this Court deems just and proper.

VIII. VERIFICATION

☐ Verification is not required for this Answer
☐ Verification is required and is provided below

STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT

I, [________________________________], being first duly sworn upon oath, depose and state that I am the ☐ Defendant ☐ Authorized Representative of Defendant in this action; that I have read the foregoing Answer, General Denial, and Affirmative Defenses; and that the statements and allegations contained therein are true and correct to the best of my knowledge, information, and belief.

________________________________________
[________________________________]
[Title, if applicable]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Alaska
My Commission Expires: [__/__/____]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, General Denial, and Affirmative Defenses was served upon all counsel of record and/or unrepresented parties by the following method(s):

☐ Alaska Court System TrueFilingTM (electronic filing)
☐ Electronic mail (e-mail) with consent
☐ United States Mail, first-class postage prepaid
☐ Personal / Hand Delivery
☐ Facsimile
☐ Other: [________________________________]

Addressed to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
Email: [________________________________]

(Add additional parties as necessary)

DATED: [__/__/____]

Respectfully submitted,

________________________________________
[________________________________]
Alaska Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, AK ZIP)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for Defendant [________________________________]

PRACTICE NOTES FOR ALASKA PRACTITIONERS

Answer Deadline

• Ordinary deadline: 20 days after service of summons and complaint; check Rule 12(a)'s 40-day categories, Rule 4(e) directions, applicable orders, and any Rule 12 motion before calculating the due date.
• After Rule 12 motion: If a Rule 12(b) motion is filed and denied, the responsive pleading must be served within 10 days after notice of the court's decision
• State as defendant: The State of Alaska or an officer or agency has 40 days after service upon the attorney general to answer under Rule 12(a).

Default Judgment Rules

• If a party fails to appear and answer or otherwise defend, the clerk may enter default on application after service of the application and the period in Rule 55(a).
• Default judgment may be entered by the clerk for a sum certain, or by the court in all other cases (Alaska R. Civ. P. 55(b))
• The court may set aside an entry of default for good cause shown (Alaska R. Civ. P. 55(e)); relief from a default judgment follows Rule 60(b).

Amendment Rules

• A party may amend a pleading once as a matter of course before a responsive pleading is served (Alaska R. Civ. P. 15(a))
• Otherwise, a party may amend only by leave of court or by written consent of the adverse party; leave shall be freely given when justice so requires (Alaska R. Civ. P. 15(a))

Key Statutes of Limitation (AS Chapter 09.10)

• Personal injury: 2 years (AS 09.10.070)
• Contract actions: 3 years (AS 09.10.053)
• Waste or trespass upon real property: 6 years (AS 09.10.050)
• Wrongful death: 2 years after death, subject to the statute's exceptions (AS 09.55.580(a))
• Medical malpractice: 2 years (AS 09.10.070)

Comparative Fault

• Alaska follows a pure comparative negligence system (AS 09.17.060)
• A plaintiff can recover even if more than 50% at fault, but damages are reduced by the plaintiff's percentage of fault
• Alaska applies several liability - each defendant is liable only for their proportionate share (AS 09.17.080)
• The court must instruct the jury to answer special interrogatories on fault allocation (AS 09.17.080)

Attorney's Fees

• Alaska R. Civ. P. 82 generally awards attorney's fees to the prevailing party, subject to law or agreement and the rule's calculation provisions.
• Rule 82(b)(1) uses a judgment-based percentage schedule. If the prevailing party recovers no money judgment, Rule 82(b)(2) sets 30% of necessary reasonable actual fees after trial or 20% of necessary actual fees without trial, subject to a court variation under Rule 82(b)(3).
• Allowable costs are governed by Alaska R. Civ. P. 79(a).

Affirmative Defenses Waiver

• Rule 12(h)(1) governs waiver of personal-jurisdiction, venue, process, and service defenses when omitted from a Rule 12 motion or from the answer or an amendment permitted as of course.
• Failure to state a claim may be raised at any time through trial
• Subject-matter jurisdiction may be raised at any time

SOURCES AND REFERENCES

• Alaska Rules of Civil Procedure (current official PDF): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Statutes, AS 09.10.050-.070 (official): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.10.050&secEnd=09.10.070
• Alaska Statutes, AS 09.55.580 (official): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.55.580&secEnd=09.55.580
• Alaska Statutes, AS 09.17.060-.080 (official): https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.17.060&secEnd=09.17.080
• Alaska Court System: https://courts.alaska.gov