Section 792.10229. Answers.

(1) The respondent shall have 28 days from the date of service of the petition to file an answer or responsive motion.  Failure to file an answer or responsive motion within 28 days

may result in the holding of the respondent in default and the conducting of a default hearing, as provided in R 792.10231.

(2)   The answer shall be written to fully advise the petitioner and the tribunal of the nature of the defense and shall contain a specific admission or denial of each material allegation in the petition. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, then the answer shall so state and the statement shall have the effect of a denial. If the respondent intends to qualify or deny only a part of an allegation, then the answer shall specify so much of the allegation as is true and shall qualify or deny only the remainder. In addition, the answer shall contain a clear and concise statement of every ground on which the respondent relies and has the burden of proof. Paragraphs of the answer shall be designated to correspond to paragraphs of the petition to which they relate.

(3)   An answer may assert as many defenses as the respondent may have against a petitioner. A defense is not waived by being joined with 1 or more other defenses. All defenses not asserted in either the answer or by appropriate motion are waived, except for either the following defenses:

(a)    Lack of jurisdiction.

(b)    Failure to state a claim upon which relief may be granted.

(4)   In a special assessment contested case, the answer shall specify the statutory authority under which the special assessment district was created.

History: 2013 AACS; 2015 MR 1, Eff. Jan. 15, 2015.