STATE OF NORTH DAKOTA

DISTRICT COURT, [___] JUDICIAL DISTRICT

COUNTY OF [____]

[PLAINTIFF NAME(S)],
  Plaintiff(s),

v.

[DEFENDANT NAME(S)],
  Defendant(s).

Civil No. [______]

ANSWER AND GENERAL DENIAL

(Including Affirmative Defenses and, if Applicable, Counterclaims)

[// GUIDANCE: This template is drafted for use in North Dakota state-court civil actions under the North Dakota Rules of Civil Procedure (“N.D.R.Civ.P.”). Customize bracketed text, add paragraph-specific admissions/denials if desired, and remove any inapplicable sections before filing.]

I. PRELIMINARY STATEMENT

1. Pursuant to N.D.R.Civ.P. 8(b) and 12(a), Defendant(s) timely submit this Answer within twenty-one (21) days after service of the Summons and Complaint.
2. Except as expressly admitted herein, Defendant(s) deny each and every allegation, matter, and thing contained in the Complaint and demand strict proof thereof.

II. RESPONSES TO COMPLAINT

[// GUIDANCE: If opting for a pure general denial, retain ¶3 in full. If paragraph-by-paragraph responses are preferred, delete ¶3 and insert numbered responses tracking the Complaint.]

3. General Denial. Pursuant to N.D.R.Civ.P. 8(b)(3), Defendant(s) specifically deny all allegations of the Complaint not expressly admitted, qualified, or otherwise answered herein and reserve the right to amend this Answer as discovery proceeds.

III. AFFIRMATIVE DEFENSES

Without assuming any burden not otherwise imposed by law, Defendant(s) assert the following defenses under N.D.R.Civ.P. 8(c) and 12(b). Discovery is ongoing, and additional defenses may arise.

1. Failure to State a Claim (N.D.R.Civ.P. 12(b)(6)).
2. Lack of Personal Jurisdiction.
3. Insufficiency of Process and/or Service of Process.
4. Improper Venue/Forum Non Conveniens.
5. Statute of Limitations and/or Statute of Repose.
6. Comparative/Contributory Fault and Allocation of Fault under North Dakota law.
7. Failure to Mitigate Damages.
8. Waiver, Estoppel, and/or Laches.
9. Accord and Satisfaction; Settlement and Release.
10. Payment/Set-Off/Recoupment.
11. Unclean Hands.
12. Assumption of Risk.
13. Arbitration and Award (if applicable).
14. Reservation: Defendant(s) reserve the right to assert any additional defenses that may become available.

IV. COUNTERCLAIMS (IF ANY)

[// GUIDANCE: Under N.D.R.Civ.P. 13(a) & (b), state compulsory and permissive counterclaims here. If none, delete this section.]

1. Parties.
    a. Counterclaim Plaintiff: [DEFENDANT NAME(S)] (“Counter-Plaintiff”).
    b. Counterclaim Defendant: [PLAINTIFF NAME(S)] (“Counter-Defendant”).

2. Jurisdiction & Venue. This Court has subject-matter jurisdiction and personal jurisdiction over Counter-Defendant(s) pursuant to N.D.C.C. § 27-05-06 and related statutes. Venue is proper in this County under N.D.C.C. § 28-04-03.

3. Factual Allegations.
    [INSERT concise, numbered factual allegations supporting the counterclaim(s).]

4. Causes of Action.
    Count I – [e.g., Breach of Contract]
     a. [Element 1]
     b. [Element 2]
     c. [Damages]

Count II – [e.g., Declaratory Judgment]
  a. …

5. Prayer for Relief (Counterclaims). Counter-Plaintiff requests the relief set forth in Section VI below.

V. RESERVATION OF RIGHTS

Defendant(s) reserve (a) the right to amend this Answer and to add, modify, or withdraw defenses and counterclaims as additional facts are ascertained, and (b) all rights, remedies, and objections available under applicable law and the North Dakota Rules of Civil Procedure.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant(s) respectfully request that the Court enter judgment:
A. Dismissing Plaintiff’s Complaint in its entirety, with prejudice;
B. Awarding costs, disbursements, and reasonable attorney’s fees to Defendant(s) as permitted by law;
C. Granting such other and further relief as the Court deems just and equitable.

VII. DEMAND FOR JURY TRIAL

[// GUIDANCE: Omit if jury waiver applies.]
Pursuant to N.D.R.Civ.P. 38(b), Defendant(s) hereby demand a trial by jury on all issues so triable.

VIII. DESIGNATION OF ELECTRONIC SERVICE ADDRESS

Pursuant to N.D.R.Civ.P. 5(b)(3), all documents may be served electronically at:
• Email: [Attorney Email Address]
• Odyssey File & Serve ID: [Odyssey ID]

IX. VERIFICATION (IF REQUIRED)

[// GUIDANCE: Verification is generally not required for an Answer in ND unless a statute specifically mandates it (e.g., certain foreclosure matters). Include only if applicable.]
I, [AUTHORIZED REPRESENTATIVE], being first duly sworn, state that I have read the foregoing Answer, know the contents thereof, and that the same is true to the best of my knowledge, information, and belief.

[Name], [Title]
[Date]

Subscribed and sworn to before me this ___ day of _, 20.

Notary Public for the State of North Dakota
My Commission Expires: ____

X. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing Answer was served upon all counsel of record via (☐ Odyssey File & Serve ☐ E-mail ☐ U.S. Mail ☐ Other [specify]), addressed as follows:

• [Opposing Counsel Name]
 [Law Firm]
 [Address]
 [E-mail]

[Attorney Name], ND Bar # [_]
[Law Firm Name]
[Street Address]
[City, ND ZIP]
Telephone: ([]) [-_]
Email: [Attorney Email Address]
Attorney for Defendant(s)

[// GUIDANCE:
1. Filing Deadline – N.D.R.Civ.P. 12(a)(1)(A) generally requires an answer within 21 days after service; confirm no special statutes extend or shorten this period.
2. Responsive Pleading – If a motion under Rule 12(b) is filed, the deadline to answer is paused per Rule 12(a)(4).
3. Affirmative Defenses – Any defense listed in N.D.R.Civ.P. 12(b) must be raised in the first responsive pleading or by motion, or it may be waived.
4. Counterclaims – Evaluate whether any claim is compulsory under N.D.R.Civ.P. 13(a) to avoid preclusion.
5. Formatting – Use double spacing and 12-point font unless local rules specify otherwise.
6. Service – Confirm method of service complies with N.D.R.Civ.P. 5 and any standing administrative orders regarding electronic filing.
]