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Answer and Defenses - Mississippi

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The document is a legal response from a defendant in a civil action case in Mississippi, addressing the allegations made in a complaint. It includes multiple defenses, motions to strike certain claims regarding liability insurance, and responses to specific paragraphs of the complaint, admitting or denying various allegations. The defendant also asserts that the injuries claimed by the plaintiffs were caused by their own negligent actions.

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What is the rule 60 in Mississippi?

A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty days after the service upon him.

Do affirmative defenses require an answer?

Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.

What defenses are waived if not in answer?

Rule 60(a) only authorizes the trial court to correct clerical errors; it does not authorize any changes to the judgment that are substantive and change the effect or intent of the original judgment.

What defenses are waived if not raised in answer?

Affirmative defenses, with few exceptions, are waived if they are not pleaded in the demurrer or answer. (430.80.) (All statutory references are to the California Code of Civil Procedure unless otherwise stated.)

How long do you have to answer a Complaint in Mississippi?

Rule 65 authorizes parties to seek temporary restraining orders (TROs) and preliminary injunctions in civil cases in which permanent injunctive relief or other relief is being sought.

What affirmative defenses cannot be waived?

The classic unwaivable affirmative defense is lack of subject-matter jurisdiction. The issue of timely assertion is often the subject of contentious litigation.

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What defenses are waived if not raised in answer?

How long do you have to answer a Complaint in Mississippi?

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