[//**********//
STATE OF NEVADA
IN THE ______ JUDICIAL DISTRICT COURT OF THE STATE OF
NEVADA, IN AND FOR THE
COUNTY OF [COUNTY NAME]
//************]
[PLAINTIFF NAME], ) Case No.: [_]
Plaintiff, ) Dept. No.: [_]
)
v. )
)
[DEFENDANT NAME], )
Defendant. )
__________)
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES,
AND [OPTIONAL] COUNTERCLAIMS – GENERAL DENIAL
[// GUIDANCE:
1. File and serve this pleading within the NRCP 12(a)(1)(A)(i) 21-day
deadline (or other applicable deadline if service/venue differs).
2. Replace bracketed placeholders with case-specific information.
3. Delete any inapplicable sections—e.g., Counterclaims—before filing.
4. Keep paragraph numbering consistent with the Complaint to avoid
ambiguity.]
//--------------------------------------------------------------------
I. PARTIES
- Defendant [DEFENDANT NAME] (“Defendant”) is, and at all relevant
times was, a resident of [County, State] and may be served through
counsel at the address set forth below.
[// GUIDANCE: If additional defendants are answering jointly, replicate
the above paragraph and adjust pronouns throughout.]
II. GENERAL DENIAL
- Pursuant to NRCP 8(b)(1)(B), Defendant generally and specifically
denies each and every allegation of the Complaint that is not
expressly admitted herein, and demands that Plaintiff be required to
prove all such allegations by a preponderance of the evidence.
III. RESPONSES TO NUMBERED ALLEGATIONS
- For ease of reference, Defendant repeats the paragraph numbers used
in the Complaint. Any response omitted below is deemed denied.
Paragraph 1: Defendant admits that ____.
Paragraph 2: Defendant lacks knowledge or information sufficient
to form a belief as to the truth of the allegations
contained in Paragraph 2 and therefore denies them
pursuant to NRCP 8(b)(5).
Paragraph 3: Denied.
...
[Continue until all allegations are addressed.]
[// GUIDANCE:
• Use “admits,” “denies,” or “lacks knowledge … and therefore denies.”
• Avoid partial admissions without clearly identifying admitted vs.
denied sub-parts.]
IV. AFFIRMATIVE DEFENSES
Without admitting any liability and expressly reserving the right to
amend these defenses under NRCP 15, Defendant asserts the following
affirmative defenses pursuant to NRCP 8(c):
First Affirmative Defense – Failure to State a Claim
4. Plaintiff’s Complaint fails to state a claim upon which relief can
be granted. NRCP 12(b)(5).
Second Affirmative Defense – Statute of Limitations
5. One or more of Plaintiff’s claims are barred in whole or in part by
the applicable statutes of limitation, including but not limited to
NRS 11.190 et seq.
Third Affirmative Defense – Estoppel & Waiver
6. Plaintiff’s claims are barred by the doctrines of estoppel and/or
waiver.
Fourth Affirmative Defense – Comparative Fault
7. Any damages recoverable by Plaintiff must be diminished or barred
pursuant to NRS 41.141 because Plaintiff’s own negligence equaled or
exceeded Defendant’s alleged negligence.
Fifth Affirmative Defense – Failure to Mitigate
8. Plaintiff failed to mitigate damages, if any.
Sixth Affirmative Defense – Lack of Standing
9. Plaintiff lacks standing to assert one or more claims.
Seventh Affirmative Defense – Unclean Hands
10. Plaintiff’s equitable claims, if any, are barred by the doctrine of
unclean hands.
Eighth Affirmative Defense – Reservation
11. Defendant reserves the right to assert additional defenses that
become known through discovery.
[// GUIDANCE:
• Plead all plausible affirmative defenses now; amend later only with
leave of court or opposing consent (NRCP 15).
• Delete or add defenses to fit the facts.]
V. COUNTERCLAIMS
(Asserted Pursuant to NRCP 13 and NRCP 18) [OPTIONAL]
-
Defendant realleges and incorporates by reference Paragraphs 1–11
above as though fully set forth herein. -
[Factual basis for Counterclaim.]
-
[Elements establishing entitlement to relief.]
-
WHEREFORE, Defendant demands judgment on the Counterclaim as set
forth in the Prayer below.
[// GUIDANCE:
• Identify whether the counterclaim is compulsory (NRCP 13(a)) or
permissive (NRCP 13(b)).
• Add jurisdiction/venue allegations if the counterclaim adds new
parties or claims.]
VI. 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;
C. Award Defendant costs of suit and reasonable attorneys’ fees as
permitted by contract, statute, or equity;
D. Award such further relief as the Court deems just and proper.
VII. VERIFICATION
[Include ONLY if the Complaint was verified]
I, [NAME], being first duly sworn, depose and say: I am the [TITLE] of
Defendant and have read the foregoing Answer; the same is true of my own
knowledge, except as to those matters stated on information and belief,
and as to those matters I believe them to be true.
_____ ___
[Name, Title] Date
[NOTARY BLOCK AS REQUIRED BY NRS 240.1655 ET SEQ.]
[// GUIDANCE:
• Omitting a required verification can result in the Answer being
stricken (NRCP 11(b)). Attach only if needed.]
VIII. RULE 11 SIGNATURE BLOCK
DATED this ___ day of __, 20.
Respectfully submitted,
[ATTORNEY NAME] (Nev. Bar No. [_])
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: []--_
Email: [email address]
Attorney for Defendant [DEFENDANT NAME]
IX. CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that on the ___ day of __,
20, I served a true and correct copy of the foregoing DEFENDANT’S
ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS by:
☐ Electronic filing with the Nevada E-Filing System, which served all
parties registered to that system;
☐ U.S. Mail, postage prepaid, addressed to:
[NAME & ADDRESS OF COUNSEL]
☐ [Other permissible method under NRCP 5(b)].
[Name of Filer]
[// GUIDANCE: Service method must match court-approved procedures
(e.g., Odyssey eFileNV for most district courts).]