bird Posted April 30, 2007 Report Share Posted April 30, 2007 When answering a summons, is it necessary to state which source you are using for your defenses and claims? By sources I mean case law and state or federal statutes. In your answer would you say plaintiff does not have jurisdiction and along w/ that statement would you put the name of the case that is supporting your claim? What if you don't cite a certain law or case in your answer but you find it after you file the claim and want to use it to supplement in any subsequent proceedings or in your appeal? Thanks for any advice. Link to comment Share on other sites More sharing options...
Big Time Posted April 30, 2007 Report Share Posted April 30, 2007 I think that caselaw comes later, along with your motion to dismiss. You file a "Memo of points and Authorites in support of defendants motion to dismiss" along with the motion and order itself.I think you can also file an "Affidavit of [your name]" at any time that points out your side of the story, and could probably point out caselaw in it.If the debt is SOL or already been paid in full, then file a Demurrer.You should search for some of these terms, but also ask the court clerk about them. Link to comment Share on other sites More sharing options...
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