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The defendant responded to my complaint with a notice of removal and an answer with a general denial and 15 affirmative defenses

Oxnard, CA |

After filing a motion to remand to the state court within 30 days, should I file the answer of denial to all the affirmative defences at the federal court or wait until it is remanded to the state court? Is there a deadline for filing the answer of denials to the affirmative defenses?

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Attorney answers 2

Posted

There is no such thing as an answer of denials to affirmative defenses. Such response is not necessary.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

You do not need to file any denial of the affirmative defenses.
Once the case is removed, your only options are to try and get it remanded, or just litigate in the Federal Court.

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