IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
Case No. [CASE NO.]
ANSWER AND GENERAL DENIAL
[// GUIDANCE: Replace every bracketed, ALL-CAPS placeholder before filing.]
TABLE OF CONTENTS
- Preliminary Statements
- General Denial
- Specific Responses to Numbered Allegations
- Affirmative Defenses
- Counterclaims / Setoffs (Optional)
- Reservation of Additional Defenses
- Prayer for Relief
- Certification of Service
- Signature Block
1. PRELIMINARY STATEMENTS
1.1 Jurisdiction & Venue. Defendant admits that this Court has subject-matter jurisdiction and that venue is proper under A.R.S. § 12-401 (if applicable). All remaining allegations of jurisdiction and venue are denied.
1.2 Parties. Defendant admits only the allegations contained in ¶ [__] of the Complaint identifying Defendant’s correct legal name and state of incorporation/organization; all other allegations regarding the parties are denied.
1.3 Answer Deadline Compliance. This Answer is timely under Ariz. R. Civ. P. 12(a)(1)(A) (20 days after service on an in-state defendant; 30 days if served outside Arizona).
2. GENERAL DENIAL
Pursuant to Ariz. R. Civ. P. 8(b)(3), Defendant denies each and every allegation of the Complaint not expressly admitted, qualified, or otherwise responded to herein and demands strict proof thereof.
3. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS
[// GUIDANCE: Insert line-by-line responses that track the Complaint’s numbering. Where Defendant lacks knowledge or information sufficient to form a belief, state that the allegation is denied under Rule 8(b)(5). Example formatting below.]
3.1 Paragraph 1: Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies the same.
3.2 Paragraph 2: Admitted only that […] . All remaining allegations are denied.
…continue until all paragraphs are addressed…
4. AFFIRMATIVE DEFENSES
Without conceding that Defendant bears the burden of proof on any matter, and reserving the right to amend under Ariz. R. Civ. P. 15(a)(2), Defendant asserts the following affirmative defenses. Each defense is pleaded in the alternative and/or to the extent not inconsistent with the others.
4.1 Failure to State a Claim. The Complaint fails to state a claim upon which relief can be granted. Ariz. R. Civ. P. 12(b)(6).
4.2 Statute of Limitations. One or more claims are barred by the applicable statute(s) of limitation, including but not limited to A.R.S. §§ 12-541, 12-543, and/or 47-2725.
4.3 Estoppel / Waiver / Laches. Plaintiff’s claims are barred, in whole or in part, by equitable estoppel, waiver, and/or laches.
4.4 Failure to Mitigate. Plaintiff has failed to mitigate its alleged damages.
4.5 Comparative Fault / Contributory Negligence. Any damages must be reduced or barred in proportion to Plaintiff’s comparative fault under A.R.S. § 12-2505.
4.6 Accord and Satisfaction / Payment / Set-off. Plaintiff’s claims are barred or reduced by prior payment, accord and satisfaction, and/or set-off.
4.7 Unclean Hands. Plaintiff’s conduct precludes the equitable relief sought.
4.8 Standing. Plaintiff lacks standing to assert one or more claims.
4.9 Res Judicata / Collateral Estoppel. Claims are barred by prior judgment(s) or adjudication(s).
4.10 Reservation. Defendant reserves the right to assert additional defenses that become available through discovery or investigation.
[// GUIDANCE: Delete, add, or tailor defenses as appropriate to the facts.]
5. COUNTERCLAIMS / SETOFFS (OPTIONAL)
[// GUIDANCE: Under Ariz. R. Civ. P. 13(a) & (b), compulsory counterclaims must be pled in this Answer. Insert any counterclaim(s) here or state “None at this time.” Provide jurisdictional allegations, factual background, and prayer for relief parallel to a complaint.]
6. RESERVATION OF ADDITIONAL DEFENSES
Defendant expressly reserves the right to amend this Answer to assert additional defenses, counterclaims, or third-party claims as permitted by Ariz. R. Civ. P. 14, 15, and 19, and any other applicable rule or statute.
7. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant and against Plaintiff on all claims;
C. Award Defendant its costs incurred herein pursuant to A.R.S. § 12-341 and, where applicable, reasonable attorney fees under A.R.S. § 12-341.01 or any other contractual/statutory basis; and
D. Grant such other and further relief as the Court deems just and proper.
8. CERTIFICATION OF SERVICE
I certify that on this __ day of [Month], 20__, I electronically filed the foregoing via AZTurboCourt or deposited a true and correct copy in the U.S. Mail, first-class postage prepaid, addressed to:
[Opposing Counsel Name]
[Law Firm]
[Address]
[Email (if e-service)]
/s/ [Attorney Name]
9. SIGNATURE BLOCK
Respectfully submitted this __ day of [Month], 20__.
text
[LAW FIRM NAME]
By: /s/ [Attorney Name]
[Attorney Name]
[Arizona Bar No.]
[Firm Address]
[Telephone]
[Email]
Attorney for Defendant
[Optional]
text
DEFENDANT’S VERIFICATION
STATE OF ARIZONA )
County of [County] ) ss.
I, [Authorized Representative], being first duly sworn, depose and say that I have read the foregoing Answer and know the contents thereof; the same is true of my own knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.
[Name & Title]
SUBSCRIBED AND SWORN to before me this ___ day of ____, 20__.
Notary Public
[// GUIDANCE: Verification is only required if the Complaint was verified, or if demanded by specific statute.]
KEY ARIZONA PROCEDURAL POINTS (For Attorney Reference)
• Answer Deadline: 20 days after service within Arizona; 30 days if served outside the state. Ariz. R. Civ. P. 12(a)(1)(A).
• General Denial Permitted: Ariz. R. Civ. P. 8(b)(3).
• Affirmative Defenses: Must be stated in the answer. Ariz. R. Civ. P. 8(c).
• Compulsory Counterclaims: Must be pled with the answer. Ariz. R. Civ. P. 13(a).
• Amendments: Allowed once as of right within 21 days after serving the answer; thereafter with leave. Ariz. R. Civ. P. 15(a)(1)(B) & (2).
[// GUIDANCE: Remove this practice note section before filing, or file separately.]
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