Appearance by Defendant Flashcards

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1
Q

Affirmative defense

A

fact pled by an answering defendant or cross- defendant in defense of a cause of action

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2
Q

Answer

A

a responsive pleading containing admissions and/or denials of the allegations set forth in a complaint or cross-complaint

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3
Q

Counter Civil Case Cover Sheet

A

Civil Case Cover Sheet filed by a defendant to indicate disagreement with the plaintiff’s description of the case as complex or not complex, or to join in the plaintiff’s description of the case as
complex

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4
Q

Cross-complaint

A

a responsive pleading alleging a cause or causes of action against a cross-defendant

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5
Q

Demurrer

A

a responsive pleading in which a defendant or cross-defendant objects to a complaint or cross- complaint on various grounds, including that it fails to allege facts sufficient to state a cause of action; follows format of a motion

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6
Q

General Denial

A

a response whereby the defendant or cross- defendant denies all of the allegations in a complaint or cross-complaint

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7
Q

Motion to Dismiss

A

a motion requesting that an entire action be dismissed because it was filed in an inconvenient location

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8
Q

Motion to Quash Service

A

a motion requesting that the court void service of the summons and complaint based on the fact that the Court has no jurisdiction over the defendant

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9
Q

Motion to Strike

A

a motion requesting that all or part of a pleading be deleted

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10
Q

Responsive pleading

A

an answer, demurrer or cross-complaint filed in response to allegations of a complaint or other pleading

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11
Q

ROE(S)

A

fictitiously named cross-defendant(s) whose name(s) the cross-complainant does not know when preparing the cross-complaint

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