http://www.megalawserve.com/states/wi.php
Within 45 days of receiving this summons, you must respond with a
written answer, as that term is used in chapter 802 of the Wisconsin
Statutes, to the complaint. The court may reject or disregard an
answer that does not follow the requirements of the statutes. The
answer must be sent or delivered to the court, whose address is _____,
and to _____, Plaintiff's attorney, whose address is _____. You may
have an attorney help or represent you.
http://www.legis.state.wi.us/rsb/Statutes.html
(scroll down, clink on "802")
802.02(2)
(2) Defenses; form of denials. A party shall state in short and plain
terms the defenses to each claim asserted and shall admit or deny the
averments upon which the adverse party relies. If the party is
without knowledge or information sufficient to form a belief as to the
truth of an averment, the party shall so state and this has the effect
of a denial. Denials shall fairly meet the substance of the averments
denied. The pleader shall make the denials as specific denials of
designated averments or paragraphs, but if a pleader intends in good
faith to deny only a part or a qualification of an averment, the
pleader shall specify so much of it as is true and material and shall
deny only the remainder.
802.02(3)
(3) Affirmative defenses. In pleading to a preceding pleading, a
party shall set forth affirmatively any matter constituting an
avoidance or affirmative defense including but not limited to the
following: accord and satisfaction, arbitration and award, assumption
of risk, contributory negligence, discharge in bankruptcy, duress,
estoppel, failure of a condition subsequent, failure or want of
consideration, failure to mitigate damages, fraud, illegality,
immunity, incompetence, injury by fellow servants, laches, license,
payment, release, res judicata, statute of frauds, statute of
limitations, superseding cause, and waiver. When a party has
mistakenly designated a defense as a counterclaim or a counterclaim as
a defense, the court, if justice so requires, shall permit amendment
of the pleading to conform to a proper designation. If an affirmative
defense permitted to be raised by motion under s. 802.06 (2) is so
raised, it need not be set forth in a subsequent pleading.
802.02(4)
(4) Effect of failure to deny. Averments in a pleading to which a
responsive pleading is required, other than those as to the fact,
nature and extent of injury and damage, are admitted when not denied
in the responsive pleading, except that a party whose prior pleadings
set forth all denials and defenses to be relied upon in defending a
claim for contribution need not respond to such claim. Averments in a
pleading to which no responsive pleading is required or permitted
shall be taken as denied or avoided.
802.02(5)
(5) Pleadings to be concise and direct; consistency.
802.02(5)(a)
(a) Each averment of a pleading shall be simple, concise, and direct.
No technical forms of pleading or motions are required.
802.02(5)(b)
(b) A party may set forth 2 or more statements of a claim or defense
alternatively or hypothetically, either in one claim or defense or in
separate claims or defenses. When 2 or more statements are made in
the alternative and one of them if made independently would be
sufficient, the pleading is not made insufficient by the insufficiency
of one or more of the alternative statements. A party may also state
as many separate claims or defenses as the party has regardless of
consistency and whether based on legal or equitable grounds. All
statements shall be made subject to the obligations set forth in s.
802.05.
http://www.lectlaw.com/def/a225.htm
"what is an 'averment'"
http://dictionary.law.com/definition2.asp?selected=2363&bold=%7C%7C%7C%7C
what is "affirmative defense?" |
