Thursday, August 19, 2010

Looking for some advice as to the right words to use in an answer to a complaint?

I am answering a complaint Pro Se and am answering each numbered paragraph individually. There are 5 count in this complaint and I was named in 4 of the counts. Recently, via a motion to dismiss, I was dismissed on 3 of the remaining 4 counts. My question is do I still need to answer the paragraphs in the counts that I am no lonager a party to? If not, what wording should I use in the answer to represent the fact that I am not a party to these counts and do not have to answer them. Any advice would be grreatly appreciated.Looking for some advice as to the right words to use in an answer to a complaint?
Since it was already dismissed, there is no need for you to answer the other 3 ';counts';. Focus your answer to the remaining ';count'; (allegation) of the complaint, stating therein your answers specifically denying or admitting facts thereof. However, to be clear and to reiterate that you are no longer a party to the 3 dismissed ';counts'; (allegations in the complaint) you may provide/cite in your answer the motions made and the subsequent dismissal thereafter. This can be done by making reference in your answer the dismissal order that can be annexed ';attached'; with respect to each 3 ';counts'; dismissed.Looking for some advice as to the right words to use in an answer to a complaint?
';Defendant is not affected by paragraphs x-y, under court ruling x. However, to the extent that any of these allegation apply to this Defendant, they are hereby DENIED.';
I think your best bet is to simply state that you are not a party to and have no information about paragraph[5 whatever] statement [2/ whatever]
Answering a complaint Pro se is bad enough; but seeking legal advise on Yahoo!Answers is just plain stupid, nothing personal against you. You should seek the advice of a lawyer in your area, or at the very least familiarize yourself with the Court Rules that apply to your case. Every jurisdiction will have specific rules that spell out how a complaint should be answered, and many courts have specific rules that may apply as well. Every jurisdiction is different.





There are some attorneys who will provide ';unbundled'; services, like you pay the attorney to file an answer as that is all.





Good luck!
I would simply make note that the other counts were dropped and let them know as factually as possible that you were also not a part of the other count against you.

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