STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
[__] COUNTY ☐ Superior Court Division ☐ District Court Division
File No. _______
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
ANSWER AND GENERAL DENIAL OF DEFENDANT
[// GUIDANCE: Replace bracketed placeholders with case-specific information. Delete inapplicable bracket-sets (e.g., choose either “Superior” or “District” Court Division).]
TABLE OF CONTENTS
- Preliminary Statement
- Jurisdiction & Venue
- Specific Responses to Numbered Allegations
- General Denial
- Affirmative Defenses
- Counterclaims (Reserved / Asserted)
- Prayer for Relief
- Reservation of Additional Defenses
- Certification of Service
- Signature Block
1. Preliminary Statement
1.1 Defendant files this Answer within thirty (30) days after service of the Summons and Complaint, in compliance with N.C. R. Civ. P. 12(a)(1).
1.2 Headings and sub-headings are for convenience only and do not affect substantive content.
2. Jurisdiction & Venue
2.1 Defendant admits that this Court has subject-matter jurisdiction pursuant to N.C. Gen. Stat. § 7A-240 and personal jurisdiction under N.C. R. Civ. P. 4 & 12.
2.2 Defendant admits venue is proper in [__] County pursuant to N.C. Gen. Stat. § 1-82.
[// GUIDANCE: If contesting venue or jurisdiction, modify accordingly.]
3. Specific Responses to Numbered Allegations
Pursuant to N.C. R. Civ. P. 8(b), Defendant answers the Complaint paragraph-by-paragraph as follows:
| Paragraph No. | Response |
|---|---|
| 1 | ☐ Admitted. / ☐ Denied. / ☐ Lacks knowledge or information sufficient to form a belief and therefore denies. |
| 2 | … |
| 3 | … |
| continue for each paragraph |
[// GUIDANCE: Add or delete rows to match the Complaint’s numbered paragraphs.]
4. General Denial
Except as expressly admitted herein, Defendant denies each and every allegation contained in the Complaint and demands strict proof thereof at trial. See N.C. R. Civ. P. 8(b).
5. Affirmative Defenses
Without admitting any liability, and expressly reserving the right to amend pursuant to N.C. R. Civ. P. 15, Defendant asserts the following defenses:
5.1 Failure to State a Claim – N.C. R. Civ. P. 12(b)(6).
5.2 Statute of Limitations – N.C. R. Civ. P. 8(c); N.C. Gen. Stat. § 1-[____].
5.3 Contributory Negligence.
5.4 Estoppel, Waiver, and Laches.
5.5 Accord and Satisfaction / Settlement.
5.6 Failure of Consideration / Lack of Privity.
5.7 Unclean Hands.
5.8 Statute of Frauds – N.C. Gen. Stat. § 22-2.
5.9 Discharge in Bankruptcy, if applicable.
5.10 Mitigation of Damages.
5.11 Reservation of Additional Defenses that become known through discovery.
[// GUIDANCE: Remove defenses that clearly do not apply and add any case-specific defenses (e.g., governmental immunity, privilege, set-off, etc.). Affirmative defenses not pled may be deemed waived. See N.C. R. Civ. P. 8(c).]
6. Counterclaims (Reserved / Asserted)
6.1 Pursuant to N.C. R. Civ. P. 13(a) and (b), Defendant:
a. ☐ Assert(s) the following counterclaim(s):
i. Counterclaim I – [BREACH OF CONTRACT] …
ii. Counterclaim II – [DECLARATORY JUDGMENT] …
b. ☐ Reserves the right to assert compulsory and permissive counterclaims upon completion of investigation and discovery, and requests that the Court grant leave to amend.
[// GUIDANCE: Compulsory counterclaims must be pled in the Answer or are waived. Carefully analyze Rule 13 before choosing option (a) or (b).]
7. Prayer for Relief
WHEREFORE, Defendant respectfully prays that the Court:
A. Dismiss the Complaint with prejudice and at Plaintiff’s cost;
B. Enter judgment in favor of Defendant on all claims;
C. Award Defendant costs, reasonable attorneys’ fees where allowable by contract or statute, and such other relief as the Court deems just and proper;
D. Grant Defendant judgment on any asserted counterclaims, together with compensatory damages, pre- and post-judgment interest, and further relief as justice requires.
8. Reservation of Additional Defenses
Defendant reserves the right to amend this Answer and to assert additional defenses or counterclaims that may become known during discovery, in accordance with N.C. R. Civ. P. 15.
9. Certification of Service
I hereby certify that a copy of this Answer was served on Plaintiff’s counsel as set forth below in accordance with N.C. R. Civ. P. 5(b):
Method of Service: ☐ Hand Delivery ☐ U.S. Mail ☐ E-mail (consented) ☐ CM/ECF (if applicable)
Date of Service: ___
Recipient: ______
Address/E-mail: _______
[NAME OF PERSON MAKING SERVICE]
10. Signature Block
Respectfully submitted this _ day of _, 20__.
text
[ATTORNEY NAME], Esq.
N.C. State Bar No. [_]
[FIRM NAME]
[Street Address]
[City], NC [ZIP]
Telephone: () -_
Email: ___
Counsel for Defendant
[OPTIONAL] VERIFICATION
STATE OF NORTH CAROLINA )
COUNTY OF [__] )
The undersigned, being duly sworn, deposes and says that he/she is the Defendant in the above-captioned action; that he/she has read the foregoing Answer and knows the contents thereof; and that the same is true to his/her personal knowledge, except as to those matters stated on information and belief, and as to those matters he/she believes them to be true.
[DEFENDANT NAME]
Sworn to and subscribed before me
this ___ day of ____, 20__.
Notary Public
My Commission Expires: _____
[// GUIDANCE: A verification is required only if the Complaint was verified or if a statute mandates it. See N.C. R. Civ. P. 11(b). Delete section if not needed.]