How to Respond to a Counterclaim

Howto

1. Get a copy of the claim
2. Examime the counts of the claim
3. Respond to each point in the claim. Include Affirmative Defenses.
   1. Agree or deny, agree in part, neither agree nor disagree if you have not enough info [1]
   2. What about if the claim is vague?
4. If it is not clear what is being asked, ask.
5. Watch out for trickery:
   1. Vague claims that elicit voluntary information that abets the opposition's case
   2. Intentionally misleading claims which trap one to admit something that is not relevant but supports the opposition's case
   3. Absence of any evidence, where opposition is seeking for you to incriminate yourself by things inadvertently said and distored
   4. Manipulation of words or distortion which aims to produce fault if not rebutted correctly
   5. Using technical terms or words with double meanings with aim to mislead

Responses

1. Admit or deny
2. Ask for further information, clarification, specificity
3. Request further information or evidence for you to accept or deny the claim
4. Don't accept or deny, leave up for the court.

Strategies

1. Produce evidence for outright denial, and motion for summary judgment with legal basis, with supporting affidavits (74.04). Motion for summary judgment may include the issue of liability alone.
   1. Determine clear uncontroversial vs in-good-faith disputed facts

Defenses

• Types of defenses: Defense is a general term that includes perfect and imperfect defenses, affirmative and negative defenses, justifications and excuses, and procedural defenses. [2]
• Affirmative defenses - These are more general defenses, outside of accept and deny (outside of negating defences. [3]
• Failure to state a claim - is a defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a cause of action and the case should therefore be dismissed.

Sample Responses

• [4]

Terms

• Burden of Proof