North Carolina State Court Answer and General Denial

NORTH CAROLINA STATE COURT ANSWER AND GENERAL DENIAL

CASE CAPTION

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

[________________________________] COUNTY

☐ Superior Court Division | ☐ District Court Division

File No. [________________________________]

[________________________________],

Plaintiff,

v.

[________________________________],

Defendant.

ANSWER AND GENERAL DENIAL OF DEFENDANT

TABLE OF CONTENTS

1. Preliminary Statement
2. General Denial
3. Specific Responses to Numbered Allegations
4. Affirmative Defenses
5. Counterclaim
6. Jury Demand
7. Prayer for Relief
8. Reservation of Rights
9. Verification
10. Certificate of Service
11. Signature Block

I. PRELIMINARY STATEMENT

1. Defendant [________________________________] ("Defendant"), by and through undersigned counsel, hereby files this Answer and General Denial in response to Plaintiff's Complaint filed on [__/__/____] in the above-captioned action.

2. This Answer is timely filed within thirty (30) days after service of the Summons and Complaint upon Defendant, in compliance with N.C. Gen. Stat. § 1A-1, Rule 12(a)(1).

3. Headings and numbered paragraphs contained herein are for organizational convenience only and do not limit or expand the scope of any response, admission, denial, or defense set forth below.

4. Any allegation of the Complaint not specifically addressed herein is denied. To the extent any response herein may be construed as inconsistent, Defendant asserts all responses in the alternative pursuant to N.C. Gen. Stat. § 1A-1, Rule 8(e)(2).

II. GENERAL DENIAL

5. Pursuant to N.C. Gen. Stat. § 1A-1, Rule 8(b), except as may be expressly admitted in the specific responses below, Defendant denies each and every allegation, statement, matter, and thing contained in Plaintiff's Complaint and demands strict proof thereof at trial. This general denial extends to all claims, causes of action, and requests for relief asserted in the Complaint.

III. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS

Pursuant to N.C. Gen. Stat. § 1A-1, Rule 8(b), Defendant responds to the individually numbered paragraphs of the Complaint as follows:

Paragraph 1:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 2:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 3:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 4:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 5:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 6:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 7:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

Paragraph 8:
☐ Admitted
☐ Denied
☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies same

Response: [________________________________]

(Add or remove paragraph responses to match the Complaint. Under N.C. Gen. Stat. § 1A-1, Rule 8(b), averments not denied are deemed admitted. Allegations of damage are deemed denied under Rule 8(d).)

6. To the extent any allegation of the Complaint has not been specifically addressed above, such allegation is hereby denied.

IV. AFFIRMATIVE DEFENSES

Without admitting any liability whatsoever, without assuming any burden of proof not imposed by law, and expressly reserving all rights to amend this Answer to add, modify, or withdraw defenses as warranted by discovery pursuant to N.C. Gen. Stat. § 1A-1, Rule 15, Defendant asserts the following affirmative defenses under N.C. Gen. Stat. § 1A-1, Rule 8(c):

FIRST AFFIRMATIVE DEFENSE — Failure to State a Claim

7. The Complaint fails to state a claim upon which relief can be granted, and should be dismissed pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6).

SECOND AFFIRMATIVE DEFENSE — Statute of Limitations

8. Plaintiff's claims are barred, in whole or in part, by the applicable statutes of limitations, including but not limited to:
   - N.C. Gen. Stat. § 1-52(1): Three (3) years for personal injury caused by negligence
   - N.C. Gen. Stat. § 1-52(5): Three (3) years for breach of contract not under seal
   - N.C. Gen. Stat. § 1-52(9): Three (3) years for fraud (accruing upon discovery)
   - N.C. Gen. Stat. § 1-53(1): Ten (10) years for sealed instruments
   - N.C. Gen. Stat. § 1-56: Six (6) years for trespass to real property
   - N.C. Gen. Stat. § 1-54(2): Two (2) years for wrongful death
   - N.C. Gen. Stat. § 1-15(a): General accrual rules for limitations periods

THIRD AFFIRMATIVE DEFENSE — Contributory Negligence

9. Plaintiff's own negligence directly and proximately contributed to any injuries or damages alleged, and such contributory negligence bars recovery under North Carolina law. North Carolina is one of the few jurisdictions that retains the doctrine of pure contributory negligence, which constitutes a complete bar to recovery. See N.C. Gen. Stat. § 1A-1, Rule 8(c).

FOURTH AFFIRMATIVE DEFENSE — Assumption of Risk

10. Plaintiff voluntarily assumed the risk of any injury or damage alleged in the Complaint and is therefore barred from recovery.

FIFTH AFFIRMATIVE DEFENSE — Estoppel, Waiver, and Laches

11. Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel, waiver, and/or laches based upon Plaintiff's conduct, delay, or acquiescence.

SIXTH AFFIRMATIVE DEFENSE — Accord and Satisfaction / Release

12. Plaintiff's claims are barred, in whole or in part, by accord and satisfaction, release, settlement, or prior payment.

SEVENTH AFFIRMATIVE DEFENSE — Failure of Consideration / Lack of Privity

13. Plaintiff's claims are barred due to failure of consideration, want of consideration, or lack of privity of contract.

EIGHTH AFFIRMATIVE DEFENSE — Statute of Frauds

14. Plaintiff's claims are barred by the Statute of Frauds as set forth in N.C. Gen. Stat. § 22-2 and related provisions.

NINTH AFFIRMATIVE DEFENSE — Unclean Hands

15. Plaintiff's claims are barred, in whole or in part, by the equitable doctrine of unclean hands.

TENTH AFFIRMATIVE DEFENSE — Failure to Mitigate Damages

16. Plaintiff failed to exercise reasonable diligence and ordinary care to mitigate damages, and any recovery should be reduced accordingly.

ELEVENTH AFFIRMATIVE DEFENSE — Res Judicata / Collateral Estoppel

17. Plaintiff's claims are barred, in whole or in part, by the doctrines of res judicata, collateral estoppel, or issue preclusion.

TWELFTH AFFIRMATIVE DEFENSE — Discharge in Bankruptcy

18. To the extent applicable, Plaintiff's claims have been discharged in bankruptcy proceedings.

THIRTEENTH AFFIRMATIVE DEFENSE — Set-Off and Recoupment

19. Defendant is entitled to a set-off or recoupment against any amounts that may be found to be owed to Plaintiff.

FOURTEENTH AFFIRMATIVE DEFENSE — Illegality / Public Policy

20. Plaintiff's claims are based upon, arise from, or are related to an illegal transaction or contract void as against public policy.

FIFTEENTH AFFIRMATIVE DEFENSE — Reservation of Additional Defenses

21. Defendant reserves the right to assert additional affirmative defenses that may become known through investigation, discovery, or further analysis of Plaintiff's claims, and requests leave to amend this Answer to add such defenses pursuant to N.C. Gen. Stat. § 1A-1, Rule 15(a).

V. COUNTERCLAIM

(Select one of the following options:)

☐ Option A — Counterclaim Asserted

Pursuant to N.C. Gen. Stat. § 1A-1, Rule 13, Defendant asserts the following counterclaim(s) against Plaintiff:

COUNTERCLAIM COUNT I — [________________________________]

22. Defendant re-alleges and incorporates by reference all preceding paragraphs of this Answer as though fully set forth herein.

23. [________________________________]

24. As a direct and proximate result of Plaintiff's [________________________________], Defendant has suffered damages in an amount to be proven at trial, but believed to exceed $[________________________________].

COUNTERCLAIM COUNT II — [________________________________]

25. Defendant re-alleges and incorporates by reference all preceding paragraphs.

26. [________________________________]

☐ Option B — Counterclaim Reserved

Defendant asserts no counterclaims at this time but expressly reserves the right to assert compulsory and permissive counterclaims under N.C. Gen. Stat. § 1A-1, Rules 13(a) and 13(b), upon completion of investigation and discovery, and requests leave to amend this Answer to include such claims pursuant to Rule 15(a).

IMPORTANT: Under N.C. Gen. Stat. § 1A-1, Rule 13(a), compulsory counterclaims arising from the same transaction or occurrence as Plaintiff's claim must be asserted in this Answer or may be deemed waived.

VI. JURY DEMAND

☐ Defendant demands a trial by jury on all issues so triable, as guaranteed by Article I, Section 25 of the North Carolina Constitution and N.C. Gen. Stat. § 1A-1, Rule 38(b). This demand is timely made within the Answer as required by Rule 38(b).

☐ Defendant does not demand a jury trial at this time but reserves all rights to make such demand within the time permitted by the Rules.

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:

A. Dismiss Plaintiff's Complaint in its entirety with prejudice and at Plaintiff's cost;

B. Enter judgment in favor of Defendant and against Plaintiff on all claims asserted in the Complaint;

C. Award Defendant costs of this action pursuant to N.C. Gen. Stat. § 6-20;

D. Award Defendant reasonable attorneys' fees where permitted by contract, statute, or law, including but not limited to N.C. Gen. Stat. § 6-21.5 (nonjusticiable cases) and § 75-16.1 (unfair trade practices);

E. If a counterclaim is asserted, enter judgment in favor of Defendant on all counterclaims, together with compensatory damages, pre-judgment and post-judgment interest at the legal rate pursuant to N.C. Gen. Stat. § 24-5, and such other damages as may be proven;

F. Grant such other and further relief as the Court deems just and proper.

VIII. RESERVATION OF RIGHTS

27. Nothing in this Answer shall be construed as a waiver of any right, defense, claim, set-off, or counterclaim that Defendant now has or may hereafter acquire against Plaintiff.

28. Defendant reserves the right to amend this Answer pursuant to N.C. Gen. Stat. § 1A-1, Rule 15 to assert additional defenses, counterclaims, cross-claims, or third-party claims as may become known through discovery, investigation, or further analysis.

29. Defendant further reserves all rights under N.C. Gen. Stat. § 1A-1, Rule 12 to file motions challenging jurisdiction, venue, sufficiency of process, and other procedural matters.

IX. VERIFICATION

(Include only if Plaintiff's Complaint was verified or if a statute requires verification. See N.C. Gen. Stat. § 1A-1, Rule 11(b).)

STATE OF NORTH CAROLINA

COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am the Defendant in the above-captioned action (or I am the [________________________________] of the Defendant entity and am authorized to make this verification on its behalf).

2. I have read the foregoing Answer and General Denial and know the contents thereof.

3. The statements contained therein are true to my personal knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

Notary Public Signature: [________________________________]

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Answer and General Denial was served on all parties or counsel of record by the method(s) indicated below, in compliance with N.C. Gen. Stat. § 1A-1, Rule 5(b):

Served Upon:

Name: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State ZIP: [________________________________]

Email: [________________________________]

Method of Service:

☐ Hand Delivery
☐ United States Mail, First-Class, Postage Prepaid
☐ Electronic Mail (by consent of the receiving party)
☐ Facsimile Transmission to: [________________________________]
☐ North Carolina eCourts Filing System

Date of Service: [__/__/____]

Signature: [________________________________]

XI. SIGNATURE BLOCK

Respectfully submitted this [____] day of [________________________________], 20[____].

[________________________________]
Attorney for Defendant

________________________________________

[________________________________], Esq.
North Carolina State Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], NC [________________________________] (City, ZIP)
Telephone: ([____]) [____]-[________________________________]
Facsimile: ([____]) [____]-[________________________________]
Email: [________________________________]

PRACTICE NOTES FOR NORTH CAROLINA PRACTITIONERS

Filing Deadlines

• Answer Deadline: 30 days after service of the Summons and Complaint under N.C. R. Civ. P. 12(a)(1)
• Extension: Defendant may request additional time by motion under Rule 6(b); first extensions of 30 days are commonly granted by consent
• Default: Failure to timely answer may result in entry of default under N.C. R. Civ. P. 55

Key Procedural Rules

• General Denial: Under N.C. R. Civ. P. 8(b), a defendant may generally deny all averments, but must do so in good faith and subject to Rule 11 obligations
• Specific Denials: When a defendant intends to deny only part of an allegation, the admitted portion must be specified and only the remainder denied
• Lack of Information: A statement that the defendant lacks knowledge or information sufficient to form a belief has the effect of a denial under Rule 8(b)
• Affirmative Defenses: Must be pleaded under Rule 8(c) or deemed waived; the enumerated list in Rule 8(c) is illustrative, not exhaustive

North Carolina Contributory Negligence

• North Carolina is one of four remaining U.S. jurisdictions that follows pure contributory negligence
• Any negligence on the part of the plaintiff, however slight, that proximately contributes to injury is a complete bar to recovery
• This defense is particularly powerful and should be asserted whenever factually supportable

North Carolina Statute of Limitations Reference Table

Counterclaim Considerations

• Compulsory counterclaims under Rule 13(a) arise from the same transaction or occurrence and must be asserted in the Answer or are waived
• Permissive counterclaims under Rule 13(b) may be asserted but are not required
• A counterclaim may exceed the jurisdictional amount of the court

Electronic Filing

• North Carolina courts are transitioning to mandatory e-filing through the eCourts system
• Check local rules for the specific county regarding electronic filing requirements
• Maintain paper copies as backup during the transition period

SOURCES AND REFERENCES

• North Carolina Rules of Civil Procedure, N.C. Gen. Stat. Chapter 1A
• North Carolina General Statutes, Chapter 1 (Limitations of Actions), Sections 1-15 through 1-56
• North Carolina General Courts of Justice, Local Rules by County
• North Carolina State Bar, Rules of Professional Conduct