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RELATED DOCUMENTS:
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 Answer

 

 Superior/State Court of Georgia
 Fulton County

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 Timing

Time for Filing Answer

The defendant must file an answer within 30 days of being served with the complaint and summons or more...   

The defendant may open default as a matter of right and without leave of court within 15 days more...

Time for Filing Certain Defenses

Certain defenses must be asserted at or before the time of filing an answer.These include: lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service, more...

Fulton County Superior/State Court SmartRules procedural guide: MOTION TO DISMISS. more...

Motion to Strike

The defendant may move to strike from the complaint or amended complaint any redundant, immaterial, impertinent, or scandalous matter. more...

 Rules & Requirements

Answer Required from Each Defendant

Although not explicitly stated in the rules, it is established in Georgia case law that if a complaint more...

No Answer Required for Cross-Claim or Counterclaim

Unless the trial court orders otherwise, a party is not required to file an answer in response to more...

Notice Pleading

Short and Plain Statement

A party must state (in short and plain terms) his defenses to each claim asserted, and as to more...

Substantial Justice

Pleadings will be construed in a way that will do substantial justice. (f). more...

Basic Rules of Pleading

Alternative Statements

A party may set forth in a pleading multiple statements of a claim or defense alternatively or hypothetically. more...

Incorporating Exhibits by Reference

A party may incorporate exhibits into the answer by reference. (c). more...

Denials

Specific Denials

Any denial must fairly meet the substance of the averment denied.A party may, in good faith, deny only a portion of an averment by specifying how much of more...

General Denials

A party may, in good faith, deny generally all allegations of the complaint, subject to the obligation to more...

Effect of Failure to Deny

Any averment in the complaint not denied in a party's answer, other than regarding the amount of damages, more...

Defenses and Objections

Affirmative Defenses to Be Asserted in Answer

A party must assert any of the following defenses, if at all, in his initial answer: more...

If a party mistakenly designates a defense as a counterclaim or vice versa, if justice requires, the court more...

Defenses That May Be Made by Written Motion

Although most defenses to a claim, counterclaim, cross-claim, or third-party claim must be asserted in the answer to more...

(b).

Waiver of Certain Defenses

Certain defenses are deemed waived if not asserted in a party's original answer or by motion filed at more...

Other defenses may be made in the answer, by motion for judgment on the pleadings, or at trial: more...

A party may raise the defense of lack of subject matter jurisdiction at any time. (h)(3). more...

Venue

Georgia's venue rules are complex and differ greatly from those that apply to federal courts and the courts more...

Counterclaims and Cross-Claims

Compulsory Counterclaims

A party must state in his answer any claim arising from the same transaction or occurrence as the more...

Permissive Counterclaims

A party may state in his answer any other claim that he has against any opposing party. more...

Counterclaim May Exceed Opposing Claim

A counterclaim may diminish or defeat the relief sought by the opposing party and a counterclaim may seek more...

Cross-Claims

A party may state in his answer any claim against a co-party arising from the same transaction or more...

Addition of New Parties Permitted

When other parties must be added for complete relief to be granted on a counterclaim or cross-claim, the more...

Signature

The answer must be signed by at least one attorney of record in his individual name, and the more...

Verification

Generally Not Required

Generally, a party is not required to verify his answer. (b). more...

Required In Some Cases

Where the plaintiff has filed an affidavit along with the complaint stating that the facts asserted in the more...

 Form & Format of Papers

Caption

The answer must be titled "answer," and must contain a caption that includes: more...

(a).

Names of Parties

The title of the action contained in the complaint must include the name of the first party on more...

Numbered Paragraphs

The answer must be divided into numbered paragraphs and each numbered paragraph should be limited to a statement more...

Additional Formatting Requirements

Fulton County Superior/State Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Additional Documents

Motion for More Definite Statement

If the complaint or amended complaint is so vague or ambiguous that the defendant cannot reasonably be required more...

Motion to Strike

The defendant may move to strike from the complaint any redundant, immaterial, impertinent, or scandalous matter. (f). more...

 Filing & Service

Filing

Local Fee Schedule

A schedule of Fulton County State Court filing fees is available online at the following link: (link updated 4/14/14). more...

Method

Fulton County Superior/State Court SmartRules procedural guide: FILING DOCUMENTS. more...

Venue

Georgia's venue rules are complex and differ greatly from those that apply to federal courts and the courts more...

Service

Timing and Method

Fulton County Superior/State Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
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