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Found 2 results

  1. I need to file a motion for leave so I can add an affirmative defense to my answer to a complaint filed in civil court by an attorney representing a JDB. My original answer included lack of standing as an affirmative defense. I did not include a mandatory, binding arbitration clause and a small claims court clause as an affirmative defense. I wasn't able to find a sample motion for leave that dealt specifically with my issue, so I pieced the following together from a few examples I found online. Because I'm saying the court lacks jurisdiction due to the arbitration/small claims clauses, do I also need to file a motion to dismiss or a motion for summary judgment? It's my understanding that I need to file this within 20-days from the date my answer was filed, so I have two days to work with. Thanks in advance for your help. DEFENDANT'S MOTION FOR LEAVE TO AMEND THEIR ANSWER AND ADD AFFIRMATIVE DEFENSE Defendant, [name], hereby moves the Court for leave to amend their Answer and add an Affirmative Defense. In support of this motion, Defendant states: The court should grant Defendant's motion pursuant to Rule 15 of the Federal Rules of Civil Procedure and in the interests of justice. Defendant's proposed amendment includes the addition of the following affirmative defense. AFFIRMATIVE DEFENSE This court lacks jurisdiction due to the presence of a mandatory, binding arbitration clause and a small claims court clause in the loan agreements. WHEREFORE, Defendant requests that the Court grant Defendant's Motion for Leave to Amend Their Answer and Add Affirmative Defense, attached hereto as Exhibit A. [Exhibit A will be a copy of my original Answer revised to include the new Affirmative Defense.]
  2. How do I go about making a General Denial? Do I make a request or Motion to Amend my Answer? I would also like to add counter claims - the Arbitrator said: I haven’t received any pleadings from either party. If counterclaims were included in your response to the complaint, they would be handled as part of this arbitration. If they weren’t, you need to ask to amend your answer to include them. Is anyone familiar with Oregon - Can I ask to amend my answer (would this be a motion) and add the counter claims in one doc and how do I make it clear that I'm not just amending it to add counter claims? Do I have to wait for a response or can I/am I supposed to state how I want to change it. Would I be asking him permission or does the plaintiff have to agree? Sorry about the 20 questions but time is of the essence and I am reading and getting info overload but still not knowing how to put it together. Should I be waiting for them to initiate discovery or just send my request for admissions and docs? I think they are sitting back thinking I'm not doing anything and they'll get a summary judgement. Thanks so much to all of you who are sharing you experience and helping those of us who are stressed out and trying to learn how to hold the pieces together and survive these awful situations!
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