2. To what extent should defendant be permitted to respond that he neither admits nor denies plaintiffs

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2. To what extent should defendant be permitted to respond that “he neither admits nor denies” plaintiff’s allegations? Should it make any difference whether or not a general denial is allowed? In many jurisdictions statutes specifically prohibit “evasive denials.” E.g., Conn.

Gen. Stat. Ann. § 10–47, Practice Book 1998, Ct. R. Super. Ct. Civ. § 10–47 (“where any matter of fact is alleged with diverse circumstances, some of which are untruly stated, it shall not be sufficient to deny it as alleged, but so much as is true and material should be stated or admitted, and the rest only denied”). Compare the language of Federal Rule 8(b).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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