civpro reviewers
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CIVPRO REVIEWERTRANSCRIPT
Written statements of the respective claims and defenses of the parties submitted to the court for judgement (RULE 6, SEC. 1)Pleadings.
In a broad sense, it includes all paper filed, excluding evidentiary matters, from the complaint to the judgement
Where are the claims of a party asserted? (RULE 6, Sec. 2)The claims of a party are asserted in: (a.)complaint, (b.)counterclaim, (c.)crossclaim, (d.)third/fourth/etc. party complaint, or (e.) complaint-in-intervention
Where are the defenses of a party allegedThe defenses of a party are asserted in the answer to the pleading asserting a claim against him. An answer may be responded to by a reply
It is the pleading alleging the plaintiffs cause of action, and as such, it must state the names and residences of both the plaintiff and defendant (RULE 6, Sec 3)Complaint
The pleading in which a defending party sets forth his defenses (RULE 6. Sec 5)Answer
What are the types of defenses? Define each.Defenses are either negative defenses or affirmative defenses.
A negative defense is the specific denial the material facts or allegations in a pleading .
An affirmative defense is an allegation of new matters which, though constituting a hypothetical admission of the allegations of the pleading of the claimant, would nevertheless bar recovery.