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How to respond when the other party in a Georgia case

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answers several verified allegations ie...
How to respond when the other party in a Georgia case answers several verified allegations ie. 1 through 5, with a single unverified response that leaves unclear which allegations they admit and which they deny. They also did not respond to my affidavit related to the allegations.
Submitted: 3 months ago.Category: Family Law
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Answered in 23 hours by:
3/20/2018
Family Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: Family Law
Satisfied Customers: 12
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Hi, I'm a moderator for this topic.
I've noticed you have not yet received a response to this question.
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If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 3 months ago
I will wait for a while to receive an answer on the question. What is the usual response time?
Family Lawyer: Josie-Mod,
 replied 3 months ago
Hello again,
We can not predict or guarantee response time, just because the volume of questions, number of Experts online, complexity of questions, and other factors vary.
Thank you for your response.
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Family Lawyer: LegalGems, Lawyer replied 3 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,339
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 3 months ago

Sorry for the delay; your question was just routed to me.

So essentially under GA code 9-10-111 if a party is served with a verified complaint the answer must be verified as well.

Per First National Bank v. Sinkler, if an answer is not verified the plaintiff may move to strike the answer as legally insufficient and simultaneously motion for judgment on the pleadings (170 GA 688)

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Customer reply replied 3 months ago
How would you respond to the other party answering multiple numbered allegations by lumping them into one answer that is not clear as to which allegation it applies to?
Family Lawyer: LegalGems, Lawyer replied 3 months ago

Per 9-11-12:

A motion to strike based on insufficient or immaterial defense:

(f) Motion to strike. Upon motion made by a party within 30 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

(g) Consolidation of defenses in motion. A party who makes a motion under this Code section may join with it any other motions provided for in this Code section and then available to him. If a party makes a motion under this Code section but omits therefrom any defense or objection then available to him which this Code section permits to be raised by motion, he shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in paragraph (2) of subsection (h) of this Code section on any of the grounds there stated.

(h) Waiver or preservation of certain defenses.

(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived:

(A) If omitted from a motion in the circumstances described in subsection (g) of this Code section; or

(B) If it is neither made by motion under this Code section nor included in a responsive pleading, as originally filed.

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Customer reply replied 2 months ago
Can you provide a sample of the motion to strike?
Family Lawyer: LegalGems, Lawyer replied 2 months ago

Here is a sample motion

If you are near a law library or if your library offers online access, the Matthew Bender series has several templates as well, that can be used as examples when drafting a motion.

I hope this helps!

Further questions please post here otherwise kindly rate 5 stars if you feel I have earned it. Thank you!

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Family Lawyer: LegalGems, Lawyer replied 2 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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