SUPERIOR COURT OF NEW JERSEY

[LAW / CHANCERY] DIVISION – [COUNTY] COUNTY

DOCKET NO.: [L–000000–23]

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

DEFENDANT’S ANSWER (GENERAL DENIAL), AFFIRMATIVE DEFENSES, ☐ COUNTERCLAIM(S), AND RULE 4:5-1 CERTIFICATION

[Effective Date: ___]

TABLE OF CONTENTS

1. Preliminary Statement............................................... 2
2. General Denial......................................................... 2
3. Specific Paragraph-by-Paragraph Responses.................... 2
4. Affirmative Defenses.................................................... 3
5. Counterclaim(s) (if asserted).......................................... 5
6. Reservation of Rights.................................................... 6
7. Rule 4:5-1 Certification................................................ 6
8. Certification of Service................................................ 7
9. Signature Block......................................................... 7

[// GUIDANCE: Replace bracketed text with case-specific information. Remove sections not applicable (e.g., Counterclaim) before filing.]

1. PRELIMINARY STATEMENT

1. Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, answers the Complaint of Plaintiff [PLAINTIFF NAME] (“Plaintiff”) as follows and demands that the Complaint be dismissed with prejudice, together with such other relief as the Court deems just and equitable.

[// GUIDANCE: A short preliminary statement is customary but not required by rule.]

2. GENERAL DENIAL

2. Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof.

3. SPECIFIC PARAGRAPH-BY-PARAGRAPH RESPONSES

[// GUIDANCE: Add or delete rows to match each numbered paragraph of the Complaint. For any allegation, choose Admit / Deny / Deny for lack of knowledge as appropriate.]

4. AFFIRMATIVE DEFENSES

Without admitting any liability, and expressly reserving the right to amend or add additional defenses as discovery proceeds (see N.J. Ct. R. 4:9-1), Defendant pleads the following affirmative defenses pursuant to N.J. Ct. R. 4:5-4:

1. Failure to state a claim upon which relief can be granted (N.J. Ct. R. 4:6-2(e)).
2. Statute of limitations.
3. Payment and/or accord and satisfaction.
4. Waiver, estoppel, and laches.
5. Comparative and/or contributory negligence.
6. Failure to mitigate damages.
7. Lack of standing.
8. Lack of personal jurisdiction and/or improper service of process.
9. Unclean hands.
10. Set-off and/or recoupment.
11. Statutory or contractual limitation of liability.
12. Any and all defenses available under federal or New Jersey law not specifically enumerated herein.

[// GUIDANCE: Delete, reorder, or supplement defenses to fit the facts. Under R. 4:5-4, any matter constituting an avoidance or affirmative defense must be specifically pleaded.]

5. COUNTERCLAIM(S) (Optional – remove if none)

5.1 Parties

1. Counterclaim-Plaintiff, [DEFENDANT NAME], is a resident/corporation of [STATE] with its principal place of business at [ADDRESS].
2. Counterclaim-Defendant, [PLAINTIFF NAME], is a resident/corporation of [STATE] with its principal place of business at [ADDRESS].

5.2 Jurisdiction & Venue

3. This Court has subject-matter jurisdiction over the Counterclaim pursuant to N.J. Const. art. VI, § 3, ¶ 2. Venue is proper in this County under N.J. Ct. R. 4:3-2(a).

5.3 Factual Allegations

4. [Set forth concise counterclaim facts.]

5.4 Causes of Action

COUNT I – Breach of Contract
5. Counterclaim-Plaintiff incorporates Paragraphs 1-4 as if fully set forth herein.
6. [Allege required elements.]
7. As a direct and proximate result, Counterclaim-Plaintiff has sustained damages in an amount to be proven at trial.

(Add additional counts as needed.)

5.5 Demand for Relief

WHEREFORE, Counterclaim-Plaintiff demands judgment against Counterclaim-Defendant as follows:
a. Compensatory damages in an amount to be determined;
b. Pre- and post-judgment interest as allowed by law;
c. Costs of suit and reasonable attorney’s fees where permitted; and
d. Such other relief as the Court deems just and equitable.

[// GUIDANCE: If asserting any claim for relief, include the R. 1:4-8 certification below the attorney signature.]

6. RESERVATION OF RIGHTS

Defendant expressly reserves the right to:
a. Amend this Answer to add, modify, or withdraw defenses or counterclaims as discovery and investigation warrant; and
b. Rely upon any matter constituting an avoidance or affirmative defense that becomes known during litigation.

7. RULE 4:5-1 CERTIFICATION (Non-Collusion / Related Matters)

I certify that, to the best of my knowledge, the matter in controversy is not the subject of any other action pending in any court or arbitration proceeding, and no other action or arbitration proceeding is contemplated; that no other parties should be joined in this action at this time; and that I recognize my continuing obligation to file and serve on all parties and the Court an amended certification if there is a change in the facts stated herein.

Date: __                  

[ATTORNEY NAME], Esq.

8. CERTIFICATION OF SERVICE

I hereby certify that on [DATE] I caused a true and correct copy of the foregoing Answer ☐ and Counterclaim to be served upon all parties of record by [METHOD OF SERVICE] pursuant to N.J. Ct. R. 1:5-2.

Date: __                  

[ATTORNEY NAME], Esq.

9. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Defendant [DEFENDANT NAME]

By: _______
  [ATTORNEY NAME], Esq.
  NJ Attorney ID No. [ID#]
  Address: [STREET, CITY, STATE ZIP]
  Phone: [(###) ###-####]
  Email: [EMAIL ADDRESS]

IMPORTANT NEW JERSEY PROCEDURAL NOTES

[// GUIDANCE: The following bullets are for attorney use only—remove before filing.]

• Filing Deadline: Under N.J. Ct. R. 4:6-1, the Answer must be served within 35 days after service of the Summons and Complaint.
• Affirmative Defenses: N.J. Ct. R. 4:5-4 parallels Fed. R. Civ. P. 8(c); any defense not timely pleaded may be deemed waived.
• Counterclaims: Compulsory counterclaims should be pleaded with the Answer (N.J. Ct. R. 4:7-1).
• Rule 1:4-8 Certification: Required only if asserting a claim for affirmative relief (e.g., counterclaim or cross-claim).
• Filing & Service: File electronically via eCourts (mandatory for attorneys) and serve all counsel pursuant to R. 1:5-2.

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