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The complaint amendment enables claimant to add or subtract from allegations already made. Complaint can be amended without court permission (as of course) within the period an answer is due.
The Answer must respond to every allegation (each of which must be numbered). If an allegation is not responded to, it is deemed admitted. As shown on the form, affirmative defenses should be alleges after all the complaint allegations are responded to.
Though couched as an injunction complaint, this form can be adapted for use with any claim or cause of action.
The allegations are straightforward; only the relief will change, usually just money damages in a commercial action and where irreparable injury and lack of a remedy at law need not be alleged nor a request for a temporary restraining order.
The General Release form enables one party to release the other party from “any and all claims, . . . both in law and in equity. . .related to. . .” facts described in the Release. The Release must be signed by the releasing party (releasor) before a notary public.
A Motion to Dismiss a Complaint is a pre-pleading motion used by the defendant against the plaintiff before defendant’s service of an Answer whether in Federal Court under Rule 12 (B) of the Federal Rules of Civil Procedure or in State Court, under New York’s Civil Practice Law and Rules Sec. 3211.
Motion to Set Aside Default Judgment. Declaration of Attorney Supporting Motion Where a Default Judgment has been entered by the Plaintiff, Defendant’s Motion to Set Aside said Judgment must show (1) a reasonable excuse for not timely appearing in the action and (2) a meritorious defense. These two requisites are usually presented in an Affidavit of Merits made by the Defendant accompanied by a Memorandum of Law relating to the meritorious defense or defenses.
Following the decision of denial or granting of a Motion, an Order is signed by the Judge who made the determination. The Order is in fact prepared by a party to the action for the Judge’s signature. In many courts, a printed form Order is supplied or furnished by the court clerk. In some instances, the court will direct the prevailing party to submit an Order which recites the papers used on the Motion (not law memoranda) such as Affidavits, the Notice of Motion and the decretal paragraphs of other conditions depending upon the court’s Decision.
A written retainer agreement is required in New York where the attorney’s fee is likely to be $3,000 or more and also other jurisdictions. Retainer agreements are used in commercial matters, matrimonial matters, real estate matters, etc. While the sample agreement herein pertains to negligence actions (personal injury, medical malpractice, wrongful death, etc.) where the fee is contingent upon a recovery whether by settlement or judgment, the second page of this form retainer agreement could be applicable to any kind of representation
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