Last updated March 22, 2009
There are five kinds of denials in federal court:
|a. General: The defendant may make a "general" denial, by which he/she denies each and every allegation in your complaint. But the defend must then contest all of your allegations, or face possible sanctions.|
|FRCP 8(b) Denials shall fairly meet the substance of averments denied. When pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as true and shall deny only the remainder.|
b. Specific: Defendant may make a "specific" denial, which he/she denies all of the allegations of a particular paragraph or count of the complaint.
c. Qualified: Defendant may make a "qualified" denial, i.e., a denial of a particular portion of a particular allegation.
d. Knowledge or information: Defendant may make a denial of knowledge or information (DKI), by which he says that he/she does not have enough knowledge or information sufficient to form a belief as to the truth of your complaint. You will see a lot of this denial as well as the next denial.
e. Information and belief: Defendant may deny "based on information and belief." By this, Defendant effectively says, "I don't know for sure, but I reasonably believe that your allegation is false." Corporate lawyers just love the hell out of this one.
|White v. Smith -- DC WDNY 1981: Plaintiff's claims were plainly and cogently presented to show with detail specific description of events with names, dates, and documents. Defendant should have taken a look at records and compare with allegations to make meaningful answers to charges. A wholly inadequate response and not in good faith. Stretches credibility to say "to best of knowledge" on all allegations.|
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