Form CIV302 at a glance
What it is: Form CIV302, Answer or Answer and Counterclaim, is a State of Minnesota District Court form.
Who signs: Fill in Dated, Signature, Name, Address, City/State/Zip, Telephone and E-mail address; Attorney for is the last line.
A filled-in Form CIV302 example: a Defendant answers a Complaint with one defense
How to fill out Form CIV302, box by box
State of Minnesota District Court, County of, Judicial District, Court File Number and Case Type
Form CIV302, Answer or Answer and Counterclaim, is a State of Minnesota District Court form.
Under State of Minnesota District Court, fill in County of, Judicial District, Court File Number and Case Type.
Plaintiff(s) and Defendant(s)
Fill in Plaintiff(s) (first, middle, last) and Defendant(s) (first, middle, last).
Deny, Admit, Partially True and Insufficient Information
Defendant denies everything in Plaintiff's Complaint, except as admitted, or otherwise answered.
For 1. Deny, write the paragraph numbers in which all statements are untrue.
For 2. Admit, write the paragraph numbers in which all statements are true.
For 3. Partially True, write the paragraphs in which the information is partially true and partially false; in these partially true paragraphs, you deny everything except the statements you list as true.
For 4. Insufficient Information, list the paragraphs and/or statements that you do not have enough information to know are true.
5. Affirmative Defense(s)
Under 5. Affirmative Defense(s), check only defenses that apply.
Check from Accord and satisfaction, Injury by fellow servant, Arbitration and award, Laches, Assumption of risk, License, Contributory negligence, Payment, Discharge in bankruptcy, Release, Duress, Res judicata, Estoppel, Statute of frauds, Failure of consideration, Statute of limitations, Fraud, Waiver, Illegality and Other.
Under Facts that support my affirmative defense(s), write the facts that support your affirmative defense(s).
6. Counterclaim
Under 6. Counterclaim, check one: I have no Counterclaims, or I make Counterclaims against Plaintiff arising from the same transactions described in the Plaintiff's Complaint.
I ask the Court to
Under I ask the Court to, check all that apply: Dismiss Plaintiff's complaint, enter judgment for me, and award me costs and disbursements allowed by Minn. Stat. § 549.11.
Check Enter judgment for me on my counterclaims, if any.
Check Order that:.
Acknowledgment
By presenting this form to the court, you certify that to the best of your knowledge, information, and belief, the following statements are true.
If a statement is not true, the court can order a penalty against you (such as to pay money to the other party, pay court costs, and/or other penalties).
1. The information you included in this form is based on facts and supported by existing law.
2. You are not presenting this form for any improper purpose: you are not using this form to harass anyone, cause unnecessary delay in the case, or needlessly increase the cost of litigation.
3. No judicial officer has said you are a frivolous litigant.
4. There is no court order saying you cannot serve or file this form.
5. This form does not contain any "restricted identifiers" or confidential information as defined in Rule 11 of the General Rules of Practice (https://www.revisor.mn.gov/court_rules/gp/id/11/) or the Rules of Public Access to Records of the Judicial Branch (https://www.revisor.mn.gov/court_rules/rule/ra-toh/).
6. If you need to file "restricted identifiers," confidential information, or a confidential document, use Form 11.1 and/or Form 11.2, as required by Rule 11.
Dated, Signature, Name, Address, City/State/Zip, Telephone, E-mail address and Attorney for
Fill in Dated, Signature, Name, Address, City/State/Zip, Telephone and E-mail address; Attorney for is the last line.
Sources
[1] Form CIV302 (Rev 1/21), Answer or Answer and Counterclaim, Minnesota Judicial Branch (the Official source link on this page).