§ Form 4.20 Format of Answer and Sample Responses and Defenses

Form 4.20 Format of Answer and Sample Responses and Defenses [FN1]

                                                                                  [CAPTION AND TITLE]

    (CAPTION)                                                        ANSWER OF DEFENDANT

    THE DEFENDANT, (name), admits, denies and alleges as follows in answer to plaintiff's complaint:

                                                                               [ADMISSION]
    1. This defendant admits the allegations contained in paragraphs 1, 2 and 5 of plaintiff's complaint.

                                                              [DENIAL BASED ON LACK OF INFORMATION]

    2. Answering paragraph 3 of plaintiff's complaint, this defendant lacks information or knowledge sufficient to form a belief as to the truth or falsity of the allegations contained therein, and, therefore, denies the same.

                                                                      [MIXED ADMISSION AND DENIAL]

    3. Answering paragraph 4 of plaintiff's complaint, this defendant admits that a collision between a car driven by plaintiff and a car driven by this defendant occurred at the intersection of Falmouth Road and Deering Avenue in the City of Portland, County of Cumberland, on June 1, 1988. Further answering said paragraph, this defendant denies the remaining allegations contained therein.

                                                                                          [DENIAL]

    4. Answering paragraph 6 of plaintiff's complaint this defendant denies the allegations contained therein.

                                                       [ASSERTION OF COMPARATIVE NEGLIGENCE]

    5. As a further and separate defense to plaintiff's complaint, this defendant alleges the collision was caused or contributed to by the negligence of plaintiff and [that the negligence of plaintiff exceeded that of this defendant, if any, and that plaintiff's claim is therefore barred, or, in the alternative] [that plaintiff's claim for damages must therefore be reduced by an appropriate amount].

                             [ADMISSION OF RIGHT TO RECOVER ATTORNEY'S FEES PURSUANT TO A CONTRACT]

    6. Answering Paragraph 7 of plaintiff's complaint, this Defendant admits the contract which is the subject of plaintiff's complaint provides that the prevailing party in any suit arising out of that contract shall be entitled to recover its reasonable attorney's fees.

                           [RESPONSE TO A PARAGRAPH INCORPORATING OTHER PARAGRAPHS OF THE COMPLAINT]

    7. Answering paragraph 10 of Count Two of plaintiff's complaint, this defendant incorporates by reference her responses [and defenses] to the allegations of [paragraphs 1 through 9] of [(Count One) ] of plaintiff's complaint.

                                                                                   [PRAYER]

    WHEREFORE, having fully answered plaintiff's complaint defendant asks the Court to enter judgment in favor of the defendant and against the plaintiff, and award defendant her costs.

                                                                                                                                              (date and signature block)
    [FN1] New Form, replacing previous Form 20.