Rule text
A.B., Plaintiff
) (address)
) No. __________
v.
)
C.D. and E.F., Defendants
) ANSWER, COUNTERCLAIM, (addresses)
) AND CROSS-CLAIM
FIRST DEFENSE
The complaint fails to state a claim against defendant C.D. upon which relief can be granted.
SECOND DEFENSE
If defendant C.D. is indebted to plaintiff for the goods mentioned in the complaint, he is indebted to him jointly with G.H. G.H. is alive, is a resident of this state, is subject to the jurisdiction of this court and can be made a party but has not been made one.
THIRD DEFENSE
Defendant C.D. admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.
FOURTH DEFENSE
The right of action set forth in the complaint did not accrue within years next before the commencement of this action.
COUNTERCLAIM
[Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.]
CROSS-CLAIM AGAINST DEFENDANT M.N.
[Here set forth the claim constituting a cross-claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.]
___________________________________ (Attorney for Defendant, C.D.)
___________________________________
___________________________________
(Service of Copy as in Form 14)
Notes
Note
1. The above form contains examples of certain defenses provided for in Rule 12(B). The first defense challenges the legal sufficiency of the complaint. It is a substitute for a motion to dismiss; that is, under former practice the issue raised by the first defense would have been raised by demurrer, and under present practice the same issue might have been raised by motion at the option of the defendant. See Rule 12(B).
2. The second defense embodies the old plea in abatement. The decision thereon, however, may, for example, well provide under Rule 19(A) or Rule 21 for the citing in of the party rather than an abatement of the action.
3. The third defense is an answer on the merits.
4. The fourth defense is one of the affirmative defenses provided for in Rule 8(C).
5. The answer also includes a counterclaim and a cross-claim. See Rule 12(B).
[Effective: July 1, 1970.]