Research Guides: Litigation Drafting Resources: Answer, Defenses and Counterclaims

Answers, Defenses and Counterclaims Search Steps

Lexis.com > States Legal > View More > Missouri > Search Analysis & CLE Material > Missouri Tort Law (MoBar CLE) > browse chapters by subject for answers, defenses and counterclaims.

Lexis.com > States Legal > View More > Missouri > Search Analysis & CLE Material > Missouri Civil Trial Practice (MoBar CLE) > browse Chapter 4 Pleadings and Section VI. Drafting Pleadings.

WestlawNext > Forms > by Publication > Lane’s Goldstein Litigation Forms > search Chapter 10 “Answers”.

WestlawNext > Forms > by Publication > Am Jur Pleading & Practice Forms > search “affirmative defense” > filter to “text forms” > search within results for more specific type of action.

WestlawNext > Forms > by Publication > Am Jur Pleading & Practice Forms > search “counterclaim” > filter to “text forms” > scroll or search within results for more specific type of action.

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WestlawNext > Secondary Sources > Texts & Treatises > American Jurisprudence Trials > advanced search e.g. title( “crib death”) and text(defense or counterclaim)

WestlawNext > State Materials > Missouri > Missouri Practice Series > search “affirmative defense” > filter to “text forms” > scroll or “search within results”

Sample Answer and Affirmative Defense

[Caption]

Answer of Defendant ___________

______________defendant, by , h— attorney, answers plaintiff's complaint as follows:

1. Defendant [denies/admits] the allegations in paragraph .

2. Defendant neither admits nor denies the allegations in paragraph , as these allegations contain conclusions of law, but demands strict proof of them at trial.

3. Defendant admits that the defendant was injured on the date alleged, but denies the remaining allegations in paragraph , and further denies that plaintiff was injured to the extent claimed.

4. Defendant denies each and every allegation in paragraph , and further denies that the plaintiff was injured to the extent claimed.

5. Defendant has insufficient knowledge to determine the truth or falsity of the allegations in paragraph , and, therefore, neither admits nor denies those allegations, but demands strict proof of them at trial.

6. Defendant states that duties arise by operation of law and not by allegations of the pleader, and defendant denies the allegations in paragraph .

7. Defendant makes no answer to the allegations in paragraph , as these allegations are not directed against this defendant.

8. [Continue in consecutively numbered paragraphs all necessary denials and admissions.]

Affirmative Defense

For a first defense to complaint, defendant alleges:

1. [State defense.]

2. [Continue statement of defense in separate and consecutively numbered paragraphs.]

[If a counterclaim is included in the answer, add prayer for relief, signature and verification at the conclusion of the counterclaim.]

[In the absence of a counterclaim] Wherefore defendant prays for judgment dismissing the complaint [where allowed by statute add: and for costs of this action].

[Signature]

[Verification, if desired or necessary.]

[Name, address and telephone]

Sample Counterclaim

Caption

[Text of Answer, Reply or Other Responsive Pleading]

COUNTERCLAIM

And for [or: For] [his/her/its] counterclaim to the cause of action set up by plaintiff [or: defendant] in his petition [or: answer], defendant [or: plaintiff] states that:

1. Here plead facts which will set forth a counterclaim in the same way as would be necessary to set forth a cause of action in a petition.

WHEREFORE, etc.

[Signed]

[Typed Name] [Bar Number]

[Firm Name]

[Address and telephone]

Attorney for [Party]

Litigation Drafting Resources

Answers, Defenses and Counterclaims Search Steps

Sample Answer and Affirmative Defense

Sample Counterclaim

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