Idaho > Statewide > District Court > Family Law
Reply To Counterclaim CAO 3-4 - Idaho
| Reply To Counterclaim Form. This is a Idaho form and can be used in Family Law District Court Statewide . |
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Completing Form CAO 3-4: REPLY TO COUNTERCLAIM [REMOVE THESE INSTRUCTI ONS BEFOR E FILING] Revised 10/10/2003 Talk to an Attorney, if Possible. These instructions are not a substitute for legal advice. The laws and court rules are complex and following these instructions will not guarantee you a favorable result. We always recommend you talk to a lawyer about your problem before filing your legal paperwork. Even if you do not hire a lawyer to represent you throughout the proceeding, a lawyer can look over your paperwork, give you advice on how to present your evidence, and tell you whether this type of action is right for you. The Idaho State Bar Lawyer Referral Service (208-334-4500) can give you the name of an attorney in your area who will provide a one-half hour consultation for $35. There are limited free legal services available to low income people. Contact the Court Assistance Office for information about resources for low income people. When you represent yourself in a court case, you are held to the same standard of legal knowledge as an attorney. This applies to the preparation of paperwork and your conduct at all hearings and/or at trial. INSTRU CTIONS Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you dont need and renumber the remaining sections, or type in none if a section doesnt apply. Optional sections are shown with a boldface or. If the section does not contain a boldface or it is necessa ry and you should type in the appropriate information (which might be the word none). Always keep a copy of the completed form for your records. YOU WILL BE SIGNING AN OATH THAT YOU HAVE READ THE REP LY, KNOW THE CONTENTS AND BELIEVE THE CONTENTS TO BE TRUE. TO AVOID MAKING ANY MISSTAT EMENTS , BE SURE T O READ THE ENTIRE FORM AND EVERY INSTURCTION. At the top left-hand corner of page 1, fill in your legal name, current mailing address and telephone number. The Court Heading. Fill in the county and judicial district in the heading (for example, In the District Court of the S ixth Judicial District in and for the County of Bannock) as they appear on the Complaint. The Caption. Fill in your full legal name in the caption above Plaintiff, and fill in your spouses full legal name above Defendant, exactly as they appear on the Complaint. The Case No. Write in the case number shown on the Complaint. The Court Heading, Caption and Case Number will be the same on all documents you prepare for this case. Review the Counterclaim carefully. You must admit or deny each paragraph in the Counterclaim individually. If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit and which facts you deny. Paragraph 1: Decide which specific numbered paragraphs of the counterclaim you completely agree with. Fill in thos e paragraph numbers, letters, or roman numerals, (as used in the R EPLY TO COUNTERC LAIM P AGE 1 CAO 3-4 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 2counterclaim). If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit. Paragraph 2: Decide which specific paragraphs of the counterclaim you completely disagree with. Fill in those paragraph numbers, letters, or roman numerals, (as us ed in the counterclaim). If you only deny some of the facts in any paragraph, you must state specifically which facts you deny. Paragraph 3: Decide which paragraphs of the counterclaim you have too little information or knowledge to evaluate. Fill in those paragraph numbers, letters, or roman numerals, (as used in the counterclaim). There is a prayer portion of the Counterclaim that you do not have to specifically reply to. It usually starts with Wherefore Defendant prays for judgment as follows: You do not have to reply to any of the numbered paragraphs in the prayer of the Counterclaim. Locate a Notary Public who can watch you sign the Reply to Counterclaim. Sign the Reply to Counterclaim. Certificate of Service: Fill in the name and address for the Defendant/Defendants attorney exactly as it appears in the upper left corner of page one of the Counterclaim. If you are going to serve the Reply to Counterclaim by fax or personal delivery, write in the address you will use. Check the box to indicate how you are getting a copy to the Defendant/Defendants attorney. Fill in the date. Sign the Certificate of Service. Type your name on the line provided. NOTE: Every document you file with the court in this case must contain a Certificate of Service and a copy must be sent to the other party, either directly or through the attorney if s/he has an attorney. Make two copies. Serve one copy to the person named in the upper left hand corner of Page 1 of the Counterclaim and in your Certificate of Service. File your Reply to Counterclaim. Take the original (the one you signed) and your copy to the court clerk. The original will be kept in the courts file and you can ask that the clerk conform your copy. The clerk will conform your copy by stamping and dating it. This will save you paying $1.00 per page for a copy of a filed document and will provide proof of the filing of the document. The clerk will hand your copy back to you. REMEMBE R TO REMOVE THESE INSTRUCTIONS BEFORE FILING YOUR REPLY R EPLY TO COUNTERC LAIM P AGE 2 CAO 3-4 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 3 Full Name of Party Submitting This Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone Number IN THE DISTRICT COUR T OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________________________, Case No. ___________________________ Plaintiff, vs. REPLY T O COUNTERCLAIM Fee Category: ____________ _____________________________________, Defendant. Filing Fee: $______________ Plaintiff, for his/her Reply to the Counterclaim filed by Defendant, states: 1. I admit the following paragraphs of the Counterclaim (list each paragraph number): 2. I deny the following paragraphs of the Counterclaim (list each paragraph number): 3. I dont have sufficient knowledge or information to admit or deny the following paragraphs of the Counterclaim, and therefore deny it/them (list each paragraph number): R EPLY TO COUNTERC LAIM P AGE 1 CAO 3-4 10/10/2003 <<<<<<<<<********>>>>>>>>>>>>> 4 4. I deny all statements of the Counterclaim not specifically admitted in this Reply to Counterclaim. VERIFICATIO
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