IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA
[PLAINTIFF NAME],
Plaintiff,
v. Case No. [______]
[DEFENDANT NAME],
Defendant.
ANSWER AND GENERAL DENIAL OF DEFENDANT [DEFENDANT NAME]
[// GUIDANCE: Verify the caption conforms to the precise style of the assigned court (e.g., County Court vs. District Court) and that the case number matches the clerk’s assignment.]
- Preliminary Statement
- Pursuant to Neb. Rev. Stat. § 25-217, Defendant timely files this Answer within thirty (30) days after service of the Summons and Complaint.
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Subject to the specific admissions, denials, and other responses set forth below, Defendant generally and specifically denies each and every allegation of Plaintiff’s Complaint and denies that Plaintiff is entitled to any relief whatsoever.
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Responses to Averments
[// GUIDANCE: If a paragraph-by-paragraph response is required (e.g., the pleading is verified or the court so orders), insert a table or numbered list tracking each paragraph of the Complaint. Otherwise, the general denial above typically satisfies Nebraska practice for an unverified Complaint.] -
Affirmative Defenses
Without assuming any burden of proof not otherwise imposed by law, Defendant asserts the following separate and independent affirmative defenses pursuant to Neb. Ct. R. Pldg. § 6-1108(c). Discovery may reveal additional defenses, and Defendant expressly reserves the right to amend:
3.1 Failure to State a Claim – Plaintiff’s Complaint fails to state facts sufficient to constitute a cause of action.
3.2 Lack of Standing – Plaintiff lacks standing to assert one or more claims.
3.3 Statute of Limitations – One or more claims are barred by applicable limitation periods.
3.4 Waiver and Estoppel – Plaintiff’s own conduct constitutes waiver and/or estoppel.
3.5 Accord and Satisfaction / Payment – Any obligation was discharged by prior accord, satisfaction, or payment.
3.6 Contributory/Comparative Negligence – Recovery is barred or reduced by Plaintiff’s comparative negligence.
3.7 Assumption of Risk – Plaintiff voluntarily assumed known risks.
3.8 Failure of Consideration – No valid consideration supports the asserted contract-based claims.
3.9 Unclean Hands – Equitable relief is barred by Plaintiff’s inequitable conduct.
3.10 Insufficiency of Service of Process – Service was defective and/or untimely.
3.11 Reservation of Additional Defenses – Defendant reserves all defenses available under Rule 12 and Rule 56 and those revealed through discovery.
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Counterclaims (If Any)
[// GUIDANCE: Nebraska follows compulsory counterclaim practice similar to Fed. R. Civ. P. 13(a). Insert any compulsory or permissive counterclaims here to avoid later preclusion. If none, delete this section or insert “None at this time; Defendant reserves the right to amend pursuant to Neb. Ct. R. Pldg. § 6-1115.”] -
Prayer for Relief
WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Complaint with prejudice;
b. Enter judgment in favor of Defendant;
c. Tax costs, including reasonable attorney’s fees as allowed by law, against Plaintiff; and
d. Grant such other and further relief as the Court deems just and equitable. -
Jury Demand (Optional)
[// GUIDANCE: Omit if no jury is requested.]
Defendant hereby demands trial by jury on all issues triable as of right. -
Reservation of Rights
Defendant reserves the right to amend this Answer and to assert additional defenses and counterclaims as warranted by discovery or further investigation. -
Verification (If Required)
text
STATE OF NEBRASKA )
) ss.
COUNTY OF [COUNTY] )
I, [AUTHORIZED REPRESENTATIVE/DEFENDANT], being first duly sworn, state that I have read the foregoing Answer and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.
[NAME]
Subscribed and sworn before me on this ___ day of ____, 20__.
Notary Public
[// GUIDANCE: Nebraska requires a verified answer only if the Complaint was verified or if a statute so mandates. Strike or retain accordingly.]
- Certificate of Service
text
I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Answer was served upon the following counsel of record by [state method—e-filing, hand delivery, U.S. mail, etc.]:
[Opposing Counsel Name]
[Law Firm]
[Address]
[Email (if service via NE e-Filing/E-Service)]
[ATTORNEY NAME] # [Neb. Bar No.]
Attorney for Defendant
[Law Firm]
[Address]
[Telephone]
[Email]
[// GUIDANCE: Nebraska courts require electronic filing/service in most civil cases. Confirm compliance with Neb. Ct. R. §§ 6-401 et seq. regarding electronic service.]
Respectfully submitted,
text
[DEFENDANT NAME]
By: _____
[ATTORNEY NAME], # [Neb. Bar No.]
[LAW FIRM]
[Street Address]
[City, State ZIP]
Tel: [] -____
Email: [email address]
Attorney for Defendant
[// GUIDANCE: Ensure the attorney’s electronic signature block matches the court’s e-filing requirements (e.g., “/s/ Attorney Name”).]