TRIBAL COURT ANSWER TO COMPLAINT

IN THE TRIBAL COURT OF THE [________________________________] TRIBE/NATION

Case No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

ANSWER TO COMPLAINT

COMES NOW Defendant, [________________________________], and for Answer to Plaintiff's Complaint, states as follows:

PART I: PARTIES

1. Defendant Information

Name: [________________________________]

Tribal Enrollment Status:
☐ Enrolled member of the [________________________________] Tribe/Nation
☐ Enrolled member of another federally recognized tribe: [________________________________]
☐ Non-Indian

Enrollment Number (if applicable): [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

PART II: RESPONSE TO JURISDICTIONAL ALLEGATIONS

2. Subject Matter Jurisdiction

☐ Defendant admits the Court has subject matter jurisdiction
☐ Defendant denies the Court has subject matter jurisdiction for the following reasons:
[________________________________]

3. Personal Jurisdiction

☐ Defendant admits the Court has personal jurisdiction over Defendant
☐ Defendant denies the Court has personal jurisdiction for the following reasons:
[________________________________]

4. Territorial Jurisdiction

☐ Defendant admits the allegations regarding territorial jurisdiction
☐ Defendant denies the allegations regarding territorial jurisdiction for the following reasons:
[________________________________]

5. Venue

☐ Defendant admits that venue is proper in this Court
☐ Defendant denies that venue is proper and requests transfer to: [________________________________]

PART III: RESPONSES TO FACTUAL ALLEGATIONS

6. General Response

With respect to the factual allegations contained in the Complaint, Defendant responds as follows:

(Respond to each numbered paragraph of the Complaint. For each allegation, select one response.)

Paragraph 1 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 2 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 3 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 4 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 5 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 6 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 7 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

Paragraph 8 of Complaint:
☐ Admitted
☐ Denied
☐ Denied for lack of sufficient knowledge or information to form a belief
☐ Admitted in part, denied in part:
[________________________________]

(Continue for all paragraphs in the Complaint. Attach additional pages if necessary.)

PART IV: RESPONSES TO CLAIMS FOR RELIEF

7. Count I: [________________________________]

☐ Defendant denies all allegations in Count I not specifically admitted above
☐ Defendant denies liability under Count I for the following reasons:
[________________________________]

8. Count II: [________________________________]

☐ Defendant denies all allegations in Count II not specifically admitted above
☐ Defendant denies liability under Count II for the following reasons:
[________________________________]

9. Count III: [________________________________]

☐ Defendant denies all allegations in Count III not specifically admitted above
☐ Defendant denies liability under Count III for the following reasons:
[________________________________]

(Continue for all Counts in the Complaint)

PART V: AFFIRMATIVE DEFENSES

10. Affirmative Defenses

Without waiving any denials or defenses stated above, Defendant asserts the following affirmative defenses:

FIRST AFFIRMATIVE DEFENSE: Lack of Subject Matter Jurisdiction
☐ Applicable
This Court lacks subject matter jurisdiction over this action because:
[________________________________]

SECOND AFFIRMATIVE DEFENSE: Lack of Personal Jurisdiction
☐ Applicable
This Court lacks personal jurisdiction over Defendant because:
[________________________________]

THIRD AFFIRMATIVE DEFENSE: Sovereign Immunity
☐ Applicable
This action is barred by the doctrine of tribal sovereign immunity because:
[________________________________]

FOURTH AFFIRMATIVE DEFENSE: Statute of Limitations
☐ Applicable
Plaintiff's claims are barred by the applicable statute of limitations under [Tribe Name] Tribal Code, Title [____], Section [____], which requires claims to be filed within [____] years/months.

FIFTH AFFIRMATIVE DEFENSE: Failure to State a Claim
☐ Applicable
The Complaint fails to state a claim upon which relief can be granted.

SIXTH AFFIRMATIVE DEFENSE: Failure to Exhaust Tribal Remedies
☐ Applicable
Plaintiff has failed to exhaust required tribal administrative or traditional remedies before filing this action.

SEVENTH AFFIRMATIVE DEFENSE: Contributory/Comparative Negligence
☐ Applicable
Plaintiff's own negligence contributed to Plaintiff's alleged injuries and damages.

EIGHTH AFFIRMATIVE DEFENSE: Assumption of Risk
☐ Applicable
Plaintiff knowingly and voluntarily assumed the risk of injury.

NINTH AFFIRMATIVE DEFENSE: Accord and Satisfaction
☐ Applicable
Plaintiff's claims have been discharged by accord and satisfaction.

TENTH AFFIRMATIVE DEFENSE: Payment
☐ Applicable
Defendant has paid all amounts owed to Plaintiff.

ELEVENTH AFFIRMATIVE DEFENSE: Release
☐ Applicable
Plaintiff released Defendant from liability.

TWELFTH AFFIRMATIVE DEFENSE: Waiver
☐ Applicable
Plaintiff waived the right to bring this claim.

THIRTEENTH AFFIRMATIVE DEFENSE: Estoppel
☐ Applicable
Plaintiff is estopped from bringing this claim because:
[________________________________]

FOURTEENTH AFFIRMATIVE DEFENSE: Failure to Mitigate Damages
☐ Applicable
Plaintiff failed to mitigate damages.

FIFTEENTH AFFIRMATIVE DEFENSE: Acts of Third Parties
☐ Applicable
Plaintiff's damages were caused by third parties over whom Defendant had no control.

SIXTEENTH AFFIRMATIVE DEFENSE: Force Majeure/Act of God
☐ Applicable
Defendant's performance was excused by force majeure or act of God.

ADDITIONAL AFFIRMATIVE DEFENSE:
☐ Applicable
[________________________________]

Defendant reserves the right to assert additional affirmative defenses as discovery proceeds.

PART VI: COUNTERCLAIMS

☐ Defendant does not assert any counterclaims at this time.
☐ Defendant asserts the following counterclaims against Plaintiff:

COUNTERCLAIM I: [________________________________]

11. Defendant incorporates by reference all responses stated above.

12. [________________________________]

13. [________________________________]

14. [________________________________]

15. As a direct and proximate result of Plaintiff's conduct, Defendant has suffered damages in the amount of $[________________________________].

COUNTERCLAIM II: [________________________________]

16. [________________________________]

17. [________________________________]

18. As a direct and proximate result of Plaintiff's conduct, Defendant has suffered damages in the amount of $[________________________________].

PART VII: PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

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

B. Enter judgment in favor of Defendant on all claims;

C. ☐ Enter judgment in favor of Defendant on Defendant's counterclaims in the amount of $[________________________________];

D. Award Defendant costs of this action;

E. ☐ Award Defendant reasonable attorney's fees (if authorized);

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

PART VIII: JURY DEMAND

☐ Defendant demands a trial by jury on all issues so triable.

☐ Defendant waives trial by jury and consents to a bench trial.

PART IX: VERIFICATION

STATE/TRIBAL NATION OF [________________________________]

I, [________________________________], being duly sworn, state that I am the Defendant in the above-captioned action, that I have read the foregoing Answer, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

Notary Public/Tribal Court Clerk: [________________________________]

My Commission Expires: [__/__/____]

PART X: ATTORNEY INFORMATION (If Represented)

Attorney Name: [________________________________]

Tribal Bar Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Fax: [________________________________]

Email: [________________________________]

Attorney Signature: [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Answer was served upon the Plaintiff by:

☐ Personal delivery
☐ First-class mail
☐ Certified mail, return receipt requested
☐ Electronic filing system
☐ Other authorized method: [________________________________]

at the following address:

[________________________________]

[________________________________]

Signature: [________________________________]

Date: [__/__/____]

IMPORTANT NOTES FOR TRIBAL COURT PRACTICE

Timing Requirements

1. Response Deadline: Review the tribal code for the deadline to file an answer. Common timeframes are 20-30 days from service of the Complaint.

2. Extensions: If additional time is needed, file a motion for extension BEFORE the deadline expires.

3. Default Risk: Failure to timely file an answer may result in a default judgment against you.

Responsive Pleading Rules

1. Specific Responses: Most tribal codes require specific responses to each allegation. General denials may not be sufficient.

2. Affirmative Defenses: Affirmative defenses not raised in the Answer may be waived.

3. Counterclaims: Compulsory counterclaims arising from the same transaction may be waived if not raised.

Jurisdictional Challenges

1. If challenging jurisdiction, consider whether to file a separate motion or include it in the Answer.

2. Some tribal codes require jurisdictional challenges to be raised at the first opportunity.

Traditional/Customary Law

Some tribal courts may consider traditional dispute resolution mechanisms. Consult with tribal legal resources regarding alternative approaches.

SOURCES AND REFERENCES

• National Tribal Justice Resource Center
• Tribal Law Gateway - Cornell Law School
• National American Indian Court Judges Association

This template should be adapted to comply with the specific tribal code and court rules of the relevant tribal court.