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  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.]
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