Tribal Law - Turtle Mountain Band of Chippewa Indians of North Dakota; National Indian Law Library, Native American Rights Fund

Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

2.07.040 Answer

An answer is the defendant's written statement made in reply to the complaint and must set out the defense intended to be made by the defendant as follows:

(a) If the defendant denies all the facts alleged by the plaintiff in the complaint, he shall so state. This is termed a general denial and permits the defendant to defend or counterclaim any and all allegations made in the complaint.

(b) If the defendant denies but a part of the allegations made in the complaint, he shall so state, specifying those allegations he denies. Upon trial, the defendant can contest only those allegations he specifically denies in his answer.

(c) If the defendant admits the truth of the allegations in the complaint but has a defense thereto, he shall set out his defense in his written answer and a failure so to set out his defense prevents his raising such defense at the trial, unless, at the Court's discretion, the ends of justice require that he be permitted to raise the defense. A failure to deny is an admission of the truth of the allegation.