Define: Specific Denial

A specific denial is a legal response in which the defendant explicitly denies each allegation made by the plaintiff in a lawsuit. It is a way for the defendant to challenge the accuracy or truthfulness of the claims made against them.

You should use a specific denial when you believe that the allegations made against you are false or inaccurate. It allows you to dispute each claim individually and provide evidence or arguments to counter them.

To file a specific denial, you need to draft a written response to the plaintiff’s complaint, clearly stating that you deny each specific allegation made against you. This response should be filed with the court and served to the plaintiff’s attorney within the specified timeframe.

Yes, a specific denial can be used in any type of legal case where there are specific allegations made against you. It is a common defence strategy in civil lawsuits, criminal cases, and even administrative proceedings.

If you fail to file a specific denial within the required timeframe, the court may consider the allegations against you as admitted. This means that the plaintiff’s claims will be accepted as true, and you may lose the case by default.

Yes, you can include additional defences along with a specific denial. These defences may include affirmative defences, counterclaims, or cross-claims, depending on the circumstances of your case. It is advisable to consult with an attorney to determine the best defence strategy for your situation.

To support your specific denial, you should gather any evidence that contradicts or disproves the allegations made against you. This may include documents, photographs, witness statements, or any other relevant evidence that can help establish your innocence or weaken the plaintiff’s case.

In some cases, you may be allowed to amend your specific denial later in the legal process if new information or evidence comes to light. However, it is important to consult with your attorney and follow the proper procedures for amending your defence.

After you file a specific denial, the legal process will continue. The court will schedule hearings, discovery, and potentially a trial, where both parties will present their arguments and evidence. The judge or jury will then make a decision based on the merits of the case.

Yes, you can still negotiate a settlement even after filing a specific denial. Many legal cases are resolved through settlement negotiations before reaching trial. It is important to consider all possible options and consult with your attorney to determine the best course of action for your case.