Answer and Defenses - Mississippi 2026

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  1. Click ‘Get Form’ to open the Answer and Defenses - Mississippi document in the editor.
  2. Begin by filling in the case details at the top, including the names of the plaintiffs and defendants, as well as the case number.
  3. In the section labeled 'FIRST DEFENSE', clearly state your initial defense against the complaint. This may involve citing relevant rules or statutes.
  4. Proceed to respond to each paragraph of the complaint under 'SECOND DEFENSE'. For each allegation, indicate whether you deny knowledge or admit to specific claims.
  5. Continue through any additional defenses you wish to assert, ensuring that all responses are clear and concise.
  6. Complete the 'CERTIFICATE OF SERVICE' section by providing your name and mailing details, confirming that a copy has been sent to all parties involved.

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Affirmative defenses include, but are not limited to, and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of
If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.
Code 11-55-1 et seq. Mississippis Rule 11(b) allows a court to award reasonable attorneys fees if the opposing party filed a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay. M.R.C.P. 11(b).
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

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