Appearance by Defendant Flashcards
Affirmative defense
fact pled by an answering defendant or cross- defendant in defense of a cause of action
Answer
a responsive pleading containing admissions and/or denials of the allegations set forth in a complaint or cross-complaint
Counter Civil Case Cover Sheet
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
Cross-complaint
a responsive pleading alleging a cause or causes of action against a cross-defendant
Demurrer
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
General Denial
a response whereby the defendant or cross- defendant denies all of the allegations in a complaint or cross-complaint
Motion to Dismiss
a motion requesting that an entire action be dismissed because it was filed in an inconvenient location
Motion to Quash Service
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
Motion to Strike
a motion requesting that all or part of a pleading be deleted
Responsive pleading
an answer, demurrer or cross-complaint filed in response to allegations of a complaint or other pleading
ROE(S)
fictitiously named cross-defendant(s) whose name(s) the cross-complainant does not know when preparing the cross-complaint