IN THE __ COURT OF _____ COUNTY, MISSISSIPPI

[// GUIDANCE: Typically “Circuit Court” or “County Court.” Verify the proper court before filing.]

[PLAINTIFF LEGAL NAME],
Plaintiff,

v. Civil Action No.: _____

[DEFENDANT LEGAL NAME],
Defendant.

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (IF APPLICABLE) COUNTERCLAIMS

[// GUIDANCE: File within 30 days after service of the summons and complaint unless the Court orders otherwise. See Miss. R. Civ. P. 12(a).]

I. PRELIMINARY STATEMENT & RESERVATION OF ADDITIONAL DEFENSES

1. Defendant responds to the Complaint of Plaintiff as set forth below.
2. Defendant expressly reserves the right to amend, supplement, or modify this Answer and to assert additional defenses or counterclaims as discovery and investigation proceed.
3. Any allegation not expressly admitted is hereby denied.

II. SPECIFIC RESPONSES TO NUMBERED PARAGRAPHS

[// GUIDANCE: Mirror the numbering used in Plaintiff’s Complaint. Add/delete paragraphs to align exactly.]

Paragraph ___. Admit / Deny / Without sufficient knowledge and therefore deny.

Paragraph . Admit in part; deny in part as follows: ______.

Continue until every paragraph of the Complaint has been addressed.

III. GENERAL DENIAL

Pursuant to Miss. R. Civ. P. 8(b), Defendant denies each and every allegation of the Complaint not expressly and specifically admitted herein.

IV. AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead every affirmative defense that might conceivably apply or risk waiver. See Miss. R. Civ. P. 8(c). Delete those that do not apply and add others as necessary.]

1. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
2. Statute of Limitations – Plaintiff’s claims are barred in whole or in part by applicable statutes of limitation.
3. Accord and Satisfaction.
4. Arbitration and Award.
5. Assumption of Risk.
6. Contributory and/or Comparative Negligence.
7. Discharge in Bankruptcy.
8. Duress.
9. Estoppel.
10. Failure of Consideration.
11. Fraud.
12. Illegality.
13. Laches.
14. License.
15. Payment.
16. Release.
17. Res Judicata / Collateral Estoppel.
18. Statute of Frauds.
19. Waiver.
20. Workers’ Compensation Bar (Miss. Code § 71-3-9).
21. Force Majeure / Impossibility / Frustration of Purpose.
22. Defendant reserves the right to assert any additional affirmative defenses revealed through discovery.

V. COUNTERCLAIMS (IF ANY)

[// GUIDANCE: Under Miss. R. Civ. P. 13(a), any compulsory counterclaim must be filed with this Answer. Insert or delete this section as appropriate.]

COUNT 1 – [TITLE OF COUNTERCLAIM]

1. Jurisdiction & Venue: This Court has jurisdiction over the subject matter and the parties; venue is proper.
2. Parties: ____.
3. Facts Common to All Counts: ____.
4. Cause of Action: ____.
5. Damages: ____.
6. Prayer for Counter-Relief: ____.

Add additional counts as necessary.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice and at Plaintiff’s cost;
B. Enter judgment in favor of Defendant on all claims;
C. Award Defendant all costs, expenses, and reasonable attorney’s fees as permitted by law;
D. Grant such other and further relief as the Court deems just and proper.

VII. JURY DEMAND (IF DESIRED)

[// GUIDANCE: Omit if jury trial is not sought.]
Defendant demands a trial by jury on all issues so triable.

VIII. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], hereby certify that on this the ___ day of ____, 20__, I electronically filed and/or served a true and correct copy of the foregoing document upon all counsel of record via [method of service: MEC electronic filing / U.S. Mail / hand delivery / email], in accordance with Miss. R. Civ. P. 5.

[ATTORNEY NAME]

IX. SIGNATURE BLOCK

Respectfully submitted this ___ day of ____, 20__.

[DEFENDANT LEGAL NAME]
By: ____
[ATTORNEY NAME] (MS Bar No. _)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Telephone: () -_
Email: __
Counsel for Defendant

X. VERIFICATION (ONLY IF REQUIRED)

[// GUIDANCE: Verification is required only if the Complaint was verified or if a statute specifically mandates it.]

STATE OF MISSISSIPPI
COUNTY OF ____

Personally appeared before me, the undersigned authority in and for the county and state aforesaid, the within-named [DEFENDANT REPRESENTATIVE NAME/TITLE], who, having been first duly sworn, states on oath that the matters and facts set forth in the foregoing Answer and Affirmative Defenses are true and correct to the best of his/her knowledge, information, and belief.

[NAME/TITLE]

SWORN TO AND SUBSCRIBED before me, this the ___ day of ____, 20__.

NOTARY PUBLIC
My Commission Expires: ____

[// GUIDANCE:
1. DOUBLE-CHECK LOCAL RULES: Some Mississippi courts impose additional formatting (e.g., font, margin, MEC electronic filing requirements).
2. CONFIRM SERVICE METHOD: If using the Mississippi Electronic Courts (MEC) system, comply with its specific notice provisions.
3. ETHICAL CONSIDERATIONS: Verify every factual assertion before signing. Rule 11 sanctions apply in state court.
4. CALENDAR DEADLINES: After filing an Answer, immediately calculate discovery deadlines and dispositive-motion cut-offs under the Uniform Civil Rules of Circuit & County Court Practice.
5. UPDATE DEFENSES: Re-evaluate affirmative defenses as discovery progresses; amend promptly if new defenses arise.
]