PRETRIAL ADJUDICATION
...Pleading
......Answers
.........Defective Denials
 7 Cards On This Topic:
  • "Lack of sufficient information or belief" or "no information or belief" accompanied by "and placing [his] [her] denial on that ground, denies..." satisfies code.
  • Matters of official record may not be placed in issue by denial on information and belief.
  • Denial on information or belief limited to situations where D cannot deny or admit positively.
  • Insufficiency of denial may not be raised for first time on appeal.
  • Denial upon lack of information (or belief) may be insufficient if precise words of statute not followed.
  • Answer alleging merely D has no information or belief sufficient to enable it to answer P's allegations does not constitute denial.
  • If denial insufficient, D should be given leave to amend.


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