INDIANA STATE COURT – FORM ANSWER (GENERAL DENIAL)

[// GUIDANCE: This template is drafted for use in any Indiana trial court (Circuit or Superior). It is designed to comply with the Indiana Rules of Trial Procedure (“T.R.”). Tailor the caption to the specific court, cause number, parties, and division. Verify all rule citations and local-rule variations before filing.]

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement & Answer Deadline Compliance
3. General Denial (T.R. 8(B))
4. Responses to Numbered Allegations (Optional)
5. Affirmative Defenses (T.R. 8(C))
6. Counterclaims / Cross-Claims (T.R. 13)
7. Prayer for Relief
8. Reservation of Rights
9. Demand for Jury Trial (Optional)
10. Verification (If Required)
11. Certificate of Service

1. CAPTION

STATE OF INDIANA ) IN THE [☐ CIRCUIT / ☐ SUPERIOR] COURT
) SS: [COUNTY] COUNTY
COUNTY OF [__] ) CAUSE NO. [___]

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) ANSWER AND GENERAL DENIAL
)
[DEFENDANT NAME], )
)
Defendant. )

2. PRELIMINARY STATEMENT & ANSWER DEADLINE COMPLIANCE

1. Pursuant to Indiana Trial Rule 12(A), Defendant files this Answer within twenty (20) days after service of the Summons and Complaint, thereby satisfying the applicable deadline.
2. To the extent Plaintiff’s Complaint fails to state a claim upon which relief can be granted, is vague, ambiguous, or otherwise non-compliant with T.R. 8(A), Defendant expressly preserves all rights to move for appropriate relief under T.R. 12(B), T.R. 12(E), and T.R. 12(F).

[// GUIDANCE: If a Rule 12 motion preceded this Answer, modify the deadline language to reflect the “ten (10) days after notice of the court’s ruling” period under T.R. 12(A).]

3. GENERAL DENIAL (T.R. 8(B))

Subject to the specific admissions, denials, and statements set forth below (if any), Defendant generally denies each and every allegation contained in Plaintiff’s Complaint and demands strict proof thereof.

4. RESPONSES TO NUMBERED ALLEGATIONS (Optional)

[// GUIDANCE: Indiana allows a pure general denial. However, many practitioners track the Complaint paragraph-by-paragraph for clarity. Use the following format if desired.]

Paragraph 1: Defendant admits that __. Except as expressly admitted, Paragraph 1 is denied.
Paragraph 2: Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies the same.
…
Paragraph __ (n): Denied.

5. AFFIRMATIVE DEFENSES (T.R. 8(C))

Without assuming any burden not imposed by law, and reserving the right to assert additional defenses as discovery proceeds, Defendant pleads the following affirmative defenses:

1. Failure to State a Claim – T.R. 12(B)(6).
2. Lack of Standing.
3. Statute of Limitations.
4. Waiver, Estoppel, and Laches.
5. Accord and Satisfaction / Payment.
6. Failure of Consideration.
7. Comparative / Contributory Fault (Ind. Code § 34-51-2-6).
8. Failure to Mitigate Damages.
9. Unclean Hands.
10. Statute of Frauds.
11. Setoff and Recoupment.
12. Reservation of Additional Defenses – Defendant reserves the right to amend this Answer to assert any other defenses available under Indiana law that may become apparent through discovery or further investigation.

[// GUIDANCE: Remove any inapplicable defenses and add any fact-specific defenses (e.g., release, discharge in bankruptcy, qualified immunity, etc.).]

6. COUNTERCLAIMS / CROSS-CLAIMS (T.R. 13)

[// GUIDANCE: Indiana Trial Rule 13(A) requires that any claim “arising out of the transaction or occurrence” that is the subject matter of the opposing party’s claim must be pled now or be barred. Insert compulsory counterclaims here; permissive counterclaims (T.R. 13(B)) may also be asserted.]

A. Counterclaim Against Plaintiff
1. Parties.
2. Jurisdiction and Venue.
3. Factual Allegations.
4. Causes of Action.
5. Damages.
6. Prayer for Counterclaim Relief.

B. Cross-Claim Against Co-Defendant(s) (if any)
…

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Complaint with prejudice;
b. Enter judgment in favor of Defendant and against Plaintiff on all claims;
c. Award Defendant its costs of this action, and any attorneys’ fees recoverable under applicable law; and
d. Grant all other just and proper relief in the premises.

8. RESERVATION OF RIGHTS

Defendant expressly reserves the right to:
1. Amend this Answer to assert additional defenses, counterclaims, cross-claims, or third-party claims as permitted by Indiana Trial Rule 15;
2. Move for summary judgment under T.R. 56;
3. Seek leave for impleader under T.R. 14; and
4. Pursue all other remedies available at law or in equity.

9. DEMAND FOR JURY TRIAL (Optional)

Defendant demands a trial by jury on all issues so triable.
[// GUIDANCE: Omit this section if a jury is neither available nor desired. The demand must be made no later than the answer date per T.R. 38(B).]

10. VERIFICATION (If Required by Statute or Local Rule)

I, [DEFENDANT OR AUTHORIZED REPRESENTATIVE], being first duly sworn, state that the foregoing Answer, including all denials, affirmative defenses, and any counterclaims, is true and correct to the best of my knowledge, information, and belief.

____ Date: ______
[NAME AND TITLE]

Subscribed and sworn to before me this ___ day of __, 20.

Notary Public, State of Indiana
My Commission Expires: ______

11. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __, 20, a true and correct copy of the foregoing Answer was served upon all counsel of record by [☐ E-filing System / ☐ U.S. Mail / ☐ Email / ☐ Hand Delivery], as follows:

[NAME], Esq.
[LAW FIRM]
[ADDRESS]
[EMAIL]

[ATTORNEY NAME], #__
Counsel for Defendant
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE – FINAL CHECKLIST:
• Confirm the Answer is filed within the 20-day window (T.R. 12(A)) or amended deadline.
• Attach any compulsory counterclaims (T.R. 13(A)) or risk forfeiture.
• Ensure all affirmative defenses available under T.R. 8(C) are pled now to avoid waiver.
• Verify compliance with local rules on formatting, font, spacing, and e-filing conventions.
• Update the Certificate of Service to match the court’s service requirements.]