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What does RCP stand for?


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Please don't forget that if you plan to ask for counterclaims, that should be stated in your answer as well. I unfortunately didn't pursue counterclaims so I don't have a ready made template but I'll look into it further & post an answer w/counterclaims template when I locate one worthwhile.

Also, it is just a template so you need to check all of the affirmative defenses available to you by checking out your states RCP & you make sure that you utilize each and every one that applies to your situation....SOL is a big one for many people out there which didn't apply to me.

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Hi B, I'm pretty new to the lingo, but can you explain RCP?

Thanks,

LL

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In most states you CANNOT sue for attorney's fees for representing yourself UNLESS you are a licensed attorney. You file a Motion for Sanctions.

GUESSING IS NOT BRAINSTORMING AND IS COUNTERPRODUCTIVE AND DANGEROUS. DO YOUR HOMEWORK. KNOW THE LAW DO NOT LOOK LIKE AN IDIOT. LEAVE THAT TO THEM. COPY THE LAW AS RELEVANT TO YOUR CASE AND TAKE IT TO COURT WITH YOU.

If your case has not been heard you may amend your answer to include:

1. Motion for Sanctions

2. Counterclaim

Most jurisdictions require that this be done within thirty days of the date the court will hear the cause of action.

File your discovery WITH your counterclaim. This is so important.

1. Request for Disclosure

2. Interrogatories

3. Request for Admissions

4. Request for Production of Documents

These are governed by the Discovery Section of your State's Rules of Civil Procedure.

Also check to see if the Court in which you are filing has their own local rules.

If you suit has been resolved you are too late for your Motion for Sanctions but you can file a separate suit for what you should have included in your counterclaim. However, now with a new suit you will have to pay filing fees and have your suit served on their Registered Agent for Service of Process which you can typically find through the Secretary of State.

Save your self tons of heartache and expense -- File a COUNTERCLAIM and a Motion for Sanctions (goverened by the Rules of Civil Procedure) with your answer. If you must file it separately within your lawsuit or file it with your answer.

Also file all AFFIRMATIVE DEFENSES WITH YOUR ANSWER. If you do NOT claim your affirmative defenses in your anwser you may NOT introduce them during trail. It is TOO LATE.

What is an AFFIRMATIVE DEFENSE that might be relevant. Look in your State's Rules of Civil Procedure under AFFIRMATIVE DEFENSES.

SO WHAT DOES YOUR ANSWER DO?

It keeps your case alive and puts you in court.

It says you are not rolling over and playing dead.

If you do not file an answer a Default Judgment may be taken against you.

It allows you to deny the Plaintiff's case against you.

It allows you to file a counterclaim.

It allows you to file a Motion for Sanctions.

It allows you to file Discovery.

It allows you to file AFFIRMATIVE DEFENSES and if you do not file them YOU WAIVE THEM. AND THERE ARE SEVERAL YOU WILL NEED. SEE MY NEXT POST.

YOUR ANSWER DOES NOT EXCLUDE THE BUSINESS RECORD AFFIDAVIT FROM EVIDENCE. The affidavit is probably correct as far as it goes. The point is it does not go far enough. This must be excluded with a written Motion to Strike or an oral hearsay objection. See my previous posting on Motion to Strike. And note: Motions must be filed within a certain time frame which is different in Federal Court than it is in State Court. Read your Rules of Civil Procedure on Motions.

See next post for Affirmative Defenses which MUSt be plead in your answer at least in Texas.:)++

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Hi Red, can you explain what a motion for sanctions is?

Thanks,

LL

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