State Court Answer - General Denial

[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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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.

2. SPECIFIC (OPTIONAL) PARAGRAPH-BY-PARAGRAPH RESPONSES

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.

4. COUNTERCLAIMS (IF ANY)

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]

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

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