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Reply To Counterclaim Form. This is a Idaho form and can be use in District Court Statewide.
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Tags: Reply To Counterclaim, CAO 3-4, Idaho Statewide, District Court
Completing Form CAO 3-4: REPLY TO COUNTERCLAIM
[REMOVE THESE INSTRUCTIONS BEFORE FILING] Revised 7/1/2005
Talk to an attorney, if possible.
WARNING: When you represent yourself in a court case you are held to the same standard as
an attorney. This applies to your preparation of paperwork and your conduct at all hearings
and/or trial. Your lack of legal knowledge may cause you to make serious errors in handling
your case. These instructions are not a substitute for legal advice. The laws and court rules are
complex and following these instructions will not guarantee that your rights are protected or that
you will be satisfied with the result. You should always talk to a lawyer about your legal
problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your
case, you may be able to find a lawyer to review your paperwork or give you more information
about your rights. Call the Idaho State Bar (208-334-4500) to provide you with the name of an
attorney who handles this type of case. Contact the Court Assistance Office for information
about resources for low-income people.
INSTRUCTIONS
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 don’t need and renumber the remaining
sections, or type in “none” if a section doesn’t apply. The documents have a boldface “or” at the
start of optional sections. If the section does not contain a boldface “or” it is necessary 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 REPLY, KNOW THE
CONTENTS AND BELIEVE THE CONTENTS TO BE TRUE. TO AVOID MAKING ANY
MISSTATEMENTS, BE SURE TO READ THE ENTIRE FORM AND EVERY INSTRUCTION.
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 in capital letters (for
example, “IN THE DISTRICT COURT OF THE SIXTH 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 spouse’s
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 those paragraph numbers, letters, or roman numerals, (as used in the
counterclaim). If you can only admit some of the facts in any paragraph, you must state
specifically which facts you admit.
REPLY TO COUNTERCLAIM
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CAO 3-4 Revised 7/1/2005
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Paragraph 2: Decide which specific paragraphs of the counterclaim you completely disagree
with. Fill in those paragraph numbers, letters, or roman numerals, (as used 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.
Leave the spaces for the State and County blank. Locate a Notary Public who can watch you
sign the Reply to Counterclaim. Sign the Reply to Counterclaim. Have the notary fill in the
spaces and notarize your signature.
Certificate of Service:
• Fill in the name and address for the Defendant/Defendant’s 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/Defendant’s
attorney.
• Fill in the date and sign the Certificate of Service
NOTE: A copy of every document you file with the court must be sent to the other party, either
directly or through the attorney if s/he has an attorney or record.
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 court’s 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.
REMEMBER TO REMOVE THESE INSTRUCTIONS BEFORE FILING YOUR REPLY
REPLY TO COUNTERCLAIM
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CAO 3-4 Revised 7/1/2005
American LegalNet, Inc.
www.USCourtForms.com
Full Name of Party Filing This Document
Mailing Address (Street or Post Office Box)
City, State and Zip Code
Telephone Number
IN THE DISTRICT COURT OF THE
JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF
_____________________________________,
Plaintiff,
vs.
Case No. ___________________________
_____________________________________,
Defendant.
Fee Category: ____________
Filing Fee: $______________
REPLY TO COUNTERCLAIM
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 don’t have sufficient knowledge or information to admit or deny the following paragraphs of
the Counterclaim, and therefore deny it/them (list each paragraph number):
REPLY TO COUNTERCLAIM
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CAO 3-4 Revised 7/1/2005
American LegalNet, Inc.
www.USCourtForms.com
4. I deny all statements of the Counterclaim not specifically admitted in this Reply to
Counterclaim.
VERIFICATION: I swear I have read this Reply to Counterclaim and state that all facts included
are true.
DATE
, 20
.
Signature of Plaintiff
SUBSCRIBED AND SWORN to before me this
.
day of
,
________________________________
Notary Public for Idaho
Residing at: _____________________
My Commission expires: ___________
CERTIFICATE OF SERVICE
I certify I served a copy to: (name all parties or their attorneys in the case, other than yourself)
[ ] By Mail
(Name)
[ ] By fax
(Street or Post Office Address)
[ ] By personal delivery
(City, State, and Zip Code)
[ ] By Mail
(Name)
[ ] By fax
(Street or Post Office Address)
[ ] By personal delivery
(City, State, and Zip Code)
Date: ___________________________
_________________________________
Signature
REPLY TO COUNTERCLAIM
________________________________
Typed/printed Name of Party Signing
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CAO 3-4 Revised 7/1/2005
American LegalNet, Inc.
www.USCourtForms.com