[COURT CAPTION – MODIFY TO SUIT PARTICULAR COURT]
IN THE [______] COURT OF THE STATE OF DELAWARE
[COUNTY] COUNTY
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v. C.A. No. [_]
[DEFENDANT FULL LEGAL NAME],
Defendant.
ANSWER AND GENERAL DENIAL OF DEFENDANT
[DEFENDANT FULL LEGAL NAME]
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[// GUIDANCE: This template tracks the Delaware Superior Court Rules of Civil Procedure. If you are in the Court of Common Pleas, Chancery Court, or another Delaware trial court, confirm the applicable rule numbers and any court-specific requirements before filing.]
TABLE OF CONTENTS
1. Preliminary Statement & General Denial
2. Specific (Optional) Paragraph-by-Paragraph Responses
3. Affirmative Defenses
4. Counterclaims (If Any)
5. Reservation of Rights
6. Prayer for Relief
7. Verification
8. Certificate of Service
1. PRELIMINARY STATEMENT & GENERAL DENIAL
1.1 Pursuant to Del. Super. Ct. Civ. R. 8(b), Defendant [DEFENDANT NAME] (“Defendant”) hereby files this Answer to the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”).
1.2 Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in the Complaint, and demands strict proof thereof.
[// GUIDANCE: A true “general denial” is permissible under Rule 8(b) only when made in good faith. If you possess knowledge sufficient to admit any material allegation (e.g., your correct corporate name), do so expressly in Section 2.]
2. SPECIFIC (OPTIONAL) PARAGRAPH-BY-PARAGRAPH RESPONSES
[// GUIDANCE: Omit this section if using a pure blanket denial and you are certain the court will accept it. To reduce motion practice, many Delaware practitioners instead include concise admissions/denials on a paragraph basis.]
For paragraph numbers below, match the Complaint’s numbering:
2.1 Paragraph 1: [ADMIT / DENY / DENY FOR LACK OF KNOWLEDGE].
2.2 Paragraph 2: …
Continue as needed.
3. AFFIRMATIVE DEFENSES
Without assuming the burden of proof where it otherwise rests with Plaintiff, and expressly reserving the right to assert additional defenses as discovery proceeds, Defendant alleges the following affirmative defenses pursuant to Del. Super. Ct. Civ. R. 8(c):
3.1 Failure to State a Claim
The Complaint fails to state a claim upon which relief can be granted. See Del. Super. Ct. Civ. R. 12(b)(6).
3.2 Statute of Limitations
Plaintiff’s claims are barred, in whole or in part, by applicable statutes of limitation.
3.3 Laches / Unreasonable Delay
Plaintiff’s undue delay has prejudiced Defendant, barring the requested relief.
3.4 Estoppel and/or Waiver
Plaintiff is estopped and/or has waived any right to the relief sought.
3.5 Accord and Satisfaction / Payment
Any obligation alleged has been satisfied or discharged.
3.6 Failure of Consideration / Lack of Privity
No consideration or privity exists as alleged.
3.7 Comparative / Contributory Fault
Any damages were proximately caused, in whole or part, by Plaintiff or third parties.
3.8 Mitigation
Plaintiff failed to mitigate its damages.
3.9 Reservation of Additional Defenses
Defendant reserves the right to assert additional defenses as they become known.
[// GUIDANCE: Review Rule 8(c) for the complete list of affirmative defenses. Delete any inapplicable defenses and add case-specific ones (e.g., statutory preemption, workers’ compensation exclusivity).]
4. COUNTERCLAIMS (IF ANY)
[// GUIDANCE: Counterclaims arising out of the same transaction or occurrence are compulsory under Del. Super. Ct. Civ. R. 13(a) and must be pled here or are thereafter barred. If none, insert “Defendant asserts no counterclaims at this time.”]
4.1 Counterclaim Jurisdiction
This Court has jurisdiction over the counterclaims pursuant to [CITATION OR BASIS].
4.2 Parties
a. Counterclaim-Plaintiff: [DEFENDANT NAME]
b. Counterclaim-Defendant: [PLAINTIFF NAME]
4.3 General Allegations
[STATE FACTS GIVING RISE TO COUNTERCLAIM].
4.4 Claims for Relief
Count I – [BREACH OF CONTRACT / NEGLIGENCE / ETC.]
a. …
b. …
4.5 Damages
Defendant demands judgment against Plaintiff in an amount to be proven at trial, plus pre- and post-judgment interest, costs, and such other relief as the Court deems just and proper.
5. RESERVATION OF RIGHTS
5.1 Defendant reserves all rights, claims, defenses, and objections not expressly asserted herein, including the right to amend this Answer as permitted by Del. Super. Ct. Civ. R. 15.
6. 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;
c. Award Defendant its costs and attorneys’ fees as permitted by law; and
d. Grant such further relief as the Court deems just and proper.
7. VERIFICATION
I, [AUTHORIZED REPRESENTATIVE NAME], being duly sworn, affirm under penalty of perjury that I am [TITLE] of Defendant [DEFENDANT NAME]; that I have read the foregoing Answer; and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.
[NAME]
[DATE]
[Notary Block, if required]
[// GUIDANCE: Delaware does not uniformly require verification for Answers, but certain causes of action (e.g., libel/slander) and local rules may. Include only if necessary.]
8. CERTIFICATE OF SERVICE
I hereby certify that on this [__] day of [MONTH], [YEAR], I caused a true and correct copy of the foregoing Answer and General Denial to be served upon the following counsel of record via [E-FILE / HAND DELIVERY / FIRST-CLASS MAIL] in accordance with Del. Super. Ct. Civ. R. 5(b):
[NAME & ADDRESS OF PLAINTIFF’S COUNSEL]
[ATTORNEY NAME] (#Bar ID)
[Law Firm]
[Address]
[Telephone] | [Email]
Attorney for Defendant
SIGNATURE BLOCK
Respectfully submitted,
[ATTORNEY NAME] (#Bar ID)
[LAW FIRM NAME]
[Firm Address]
[City, State ZIP]
Telephone: [] -____
Email: [[email protected]]
Attorney for Defendant [DEFENDANT NAME]
FILING NOTES
[// GUIDANCE:
• Deadline to Answer: 20 days after service of summons/complaint in Superior Court (Del. Super. Ct. Civ. R. 12(a)). Confirm if different in your assigned court.
• E-Filing: Delaware courts require electronic filing through File & ServeXpress for counsel-represented parties. Self-represented litigants may file in paper.
• Local Rules: Check each county’s Complex Commercial Litigation Division (CCLD) Standing Orders, if applicable.
• OSC/CCP Variances: If proceeding in the Court of Common Pleas or Justice of the Peace Court, service and timing rules differ.
• Remove all bracketed placeholders and guidance comments before filing.
]