How to Respond to a Counterclaim: Difference between revisions
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#Produce evidence for outright denial, and motion for summary judgment with supporting affidavits ([[74.04]] | #Produce evidence for outright denial, and motion for summary judgment with legal basis, with supporting affidavits ([[74.04]]) |
Revision as of 23:34, 7 July 2024
Howto
- Get a copy of the claim
- Examime the counts of the claim
- Respond to each point in the claim
- If it is not clear what is being asked, ask.
- Watch out for trickery:
- Vague claims that elicit voluntary information that abets the opposition's case
- Intentionally misleading claims which trap one to admit something that is not relevant but supports the opposition's case
- Absence of any evidence, where opposition is seeking for you to incriminate yourself by things inadvertently said and distored
- Manipulation of words or distortion which aims to produce fault if not rebutted correctly
- Using technical terms or words with double meanings with aim to mislead
Responses
- Admit or deny
- Ask for further information, clarification, specificity
- Request further information or evidence for you to accept or deny the claim
- Don't accept or deny, leave up for the court.
Strategies
- Produce evidence for outright denial, and motion for summary judgment with legal basis, with supporting affidavits (74.04)