Section 315 IAC 1-3-6 - Answers and affirmative defensesAuthority: IC 4-21.5-7-7
Affected: IC 4-21.5-3-23
Sec. 6.
(a) Except as provided in subsection (b), the matters contained in a pleading described in section 4(a) of this rule are deemed automatically denied by any other party.(b) A party wishing to assert an affirmative defense, counterclaim, or cross-claim shall do so in a writing filed and served not later than the prehearing conference or a subsequent date as ordered by the presiding environmental law judge.(c) Every defense listed below, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted by motion: (1) Lack of jurisdiction over the subject matter.(2) Lack of jurisdiction over the person.(4) Insufficiency of process.(5) Insufficiency of service of process.(6) Failure to state a claim upon which relief can be granted.(7) Failure to join a party needed for just adjudication.Office of Environmental Adjudication; 315 IAC 1-3-6; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3735; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFAReadopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFAReadopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA