Answer to Complaint and Counter Suit Timing

[Rooty1]

What is the name of your state (only U.S. law)? Idaho
Defendant's Answer to Complaint is due 10 days from today.

Must Defendant file counter suit as part of his Answer or can the Answer be filed now and the counter suit a month or so later?

The issues raised in Plaintiff's Complaint are germane to Defendant's counter claim. Thanks!

 

[latigo]

What is the name of your state (only U.S. law)? Idaho
Defendant's Answer to Complaint is due 10 days from today.

Must Defendant file counter suit as part of his Answer or can the Answer be filed now and the counter suit a month or so later?

The issues raised in Plaintiff's Complaint are germane to Defendant's counter claim. Thanks!

Compulsory counterclaims, as this would be, must be set forth in the answer to the complaint.

Specifically applicable here is IRCP Rule 7(a) which limits the pleadings allowed to the complaint, an answer to the complaint and a reply to a counterclaim.

A counterclaim can only be filed as separate pleading (supplemental) if it was acquired or matured after the filing of the answer.

Or, if omitted in the answer due to oversight, inadvertence, or excusable neglect it may, with leave of the court, be set up by amendment of the answer. See: Rule 13 (a), (e)

 

[Rooty1]

Latigo, thank you so much for answering my question. While I was hoping the counterclaim would not be due at the answer filing time, at least we now know we'd better get on the stick - and fast

You rock!

Rooty

 

[Rooty1]

Exhibits Question

Idaho: Must Exhibits be true and exact copies of the originals?

The originals have signatures but the Exhibit submitted by Plaintiff has no signatures.

He can't do that - correct?

THANKS!!

 

[LdiJ]

Idaho: Must Exhibits be true and exact copies of the originals?

The originals have signatures but the Exhibit submitted by Plaintiff has no signatures.

He can't do that - correct?

THANKS!!

He probably cannot do that. Most of the time something requiring signatures could not be evidence without signatures.

 

[You Are Guilty]

He probably cannot do that. Most of the time something requiring signatures could not be evidence without signatures.

Guessing at answers does not help anyone.

So to balance out the voting, I say plaintiff "probably can" annex whatever documents he likes to his complaint.

 

[Rooty1]

Must Exhibits Be True Copies of the Original?

Probably can, probably cannot - hmmmm. Can anyone through out a Statue number? I can't find it - thanks!

 

[Ohiogal]

Probably can, probably cannot - hmmmm. Can anyone through out a Statue number? I can't find it - thanks!

Well it is not a statue or STATUTE. Try looking at the rules of civil procedure AND the rules of evidence. And if you don't have an attorney -- get one!

 

[tranquility]

I think the answer is, it depends.

See also:
Sweeney v. Johnson, 23 Idaho 530
Civil code, Code of Civil Procedure, Penal code, General code provisions
(Google eBook) at 6722 to 6744. (http://books.google.com/books?id=OLswAQAAMAAJ&pg=PA1877&lpg=PA1877&dq=sweeney+v.+Johnson,+23+Idaho+530&source=bl&ots=UbRrDnOgKN&sig=pOICRwQEVLrn-AnUYc4l7saF-Sc&hl=en&sa=X&ei=vArrUIGlK4LqiQLLvoC4Dg&ved=0CDgQ6AEwAg#v=onepage&q=sweeney%20v.%20Johnson%2C%2023%20Idaho%20530&f=false)

 

[latigo]

IRCP

Probably can, probably cannot - hmmmm. Can anyone through out a Statue number? I can't find it - thanks!

Then don't waste time by looking for something that does not exist.

Documents attached to a pleading are NOT trial exhibits. They are added for purpose of reference and to clarify, supplement and augment the pleader’s allegations. As such the are not subject to the rules of evidence!

If you have proof that the attached copies do not accurately reflect the substantive content of the original purpotedly “signed” document or documents that the pleader represents them to be, or that such do not exist, then move to have them stricken.

Also, it seems to me that you are going to some length to avoid addressing the merits of the defendant’s counterclaim. Issues that you have noticeably neglected to disclose.

Whatever, just bear in mind that all the pleader is required to present to the court by way of complaint or counterclaim is:

“a short and plain statement of the claim showing that the pleader is entitled to relief”.” Rule 8(a)(2).

And if the documents that seem to be worrying you do exist and are shown to be relevant and authentic, the counter claimant will have no difficulty introducing them into evidence. Whether they are attached to the pleading or not.

 

[tranquility]

While I agree with latigo in general here, one can reference the exhibit in the pleadings as true and correct and it might be used as evidence. The case I mentioned stood (in part) for the proposition that just because it was attached did not make for the fact the litigant was claiming it was evidence.