attorney for a party or a party not represented by an attorney is unable to obtain knowledge or information sufficient for him to form a belief as to the truth of an averment, the answer shall so state and such statement has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, including averments of the grounds upon which the Court's jurisdiction depends, he may do so by general denial subject to the obligations set forth in Rule 11 (c).

(b) Affirmative Defenses: In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res judicata, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the Court may, if justice so requires, treat the pleading as if there had been a proper designation.

(c) Effect of Failure To Deny: Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

RULE 16. DEFENSES AND OBJECTIONS—WHEN AND HOW

PRESENTED

(a) Time for Answer and Reply: Except as otherwise provided in these rules, the United States shall file its answer within 60 days after the service of the petition. After service on him of an answer containing a counterclaim or plea of fraud, plaintiff shall have 40 days within which to file a reply to the counterclaim or plea of fraud. If a reply to an answer or a responsive pleading to a third-party petition or answer is ordered by the Court, the reply or the responsive pleading shall be filed within 40 days after service of the order unless the order otherwise directs. The provisions of Rules 1 and 2, with respect to typing, printing, and number of copies to be filed and served, shall apply to the answer, reply, or other responsive pleading.

The service of a motion permitted under this rule alters the above period of time as follows, unless a different time is fixed by the Court: (1) If the Court denies any motion filed under this rule or postpones its disposition until the trial on the merits, the responsive pleading shall be filed within 30 days after notice of the Court's action; (2) if the Court grants a motion for a more definite statement the responsive pleading shall be filed within 30 days after the service of the more definite statement.

Whenever all parties to an action so stipulate, the time to file a responsive pleading or motion addressed to the prior pleading shall be extended in accordance with the terms of the stipulation, provided, however, that no extension by stipulation shall be effective beyond a period of 180 days from the date of the filing of the pleading to which the response or motion is to be filed. All such stipulations shall be filed with the Clerk of the Court. The Court may at any time, on its own motion, invalidate any such stipulation and, by order, fix the time within which any such pleading or motion shall be filed.'

2 This paragraph was added by order effective July 1, 1953.

(b) How Presented: Every defense, in law or fact, to a claim for relief in any pleading, whether a petition, counterclaim, or third-party petition, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction of the subject matter or the person, and (2) failure to state a claim upon which relief can be granted. A motion making either of these defenses shall be filed within 30 days after service of the pleading to which the motion is directed and shall be filed before further pleading if a further pleading is permitted. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (2) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 51, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 51.

(c) Motion for Judgment on the Pleadings: After the pleadings are closed but within such time as not to delay the taking of evidence, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 51, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 51.

(d) Preliminary Hearings: The defenses specifically enumerated (1) and (2) in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this rule shall be heard and determined before the taking of evidence, unless otherwise ordered by the Court.

(e) Motion for More Definite Statement: If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move within 30 days for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the Court is not obeyed within 10 days after notice of the order or within such other time as the Court may fix, the Court may strike the pleading to which the motion was directed or make such order as it deems just.

(f) Motion to Strike: Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, 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 redundant, immaterial, impertinent, or scandalous matter, or any insufficient defense.

(g) Consolidation of Defenses: A party who makes a motion under this rule may join with it the other motions herein provided for and then available to him. If a party makes a motion under this rule and does not include therein all defenses and objections then available to him which this rule permits to be raised by motion, he shall not thereafter make a motion based on any of the defenses or objections so omitted, except as provided in subdivision (h) of this rule.

(h) Waiver of Defenses: A party waives all defenses and objections which he does not present either by motion as hereinbefore provided or, if he has made no motion, in his answer or reply, except (1) that the defense of failure to state a claim upon which relief can be granted, and the objection of failure to state a legal defense to a claim may also be made by a later pleading, if one is permitted, or by motion for judgment on the pleadings, and except (2) that, whenever it appears by suggestion of the

parties or otherwise that the Court lacks jurisdiction of the subject matter, the Court shall dismiss the action.

RULE 17. COUNTERCLAIMS

(a) Compulsory Counterclaims: The answer shall state as a counterclaim any claim which at the time of serving the answer the defendant has against any plaintiff, if it arises out of the transaction or occurrence that is the subject matter of the petition and does not require for its adjudication the presence of third parties of whom the Court cannot acquire jurisdiction, except that such a claim need not be so stated if at the time the action was commenced the claim was the subject of another pending action, and except that in any case, where the hearing in the first instance is limited to the issues of fact and law relating to the right of plaintiff to recover, defendant may plead such a counterclaim within 60 days after the Court shall have rendered judgment determining that plaintiff has a right to recover.

(b) Permissive Counterclaims: The answer may state as a counterclaim any claim against a plaintiff not arising out of the transaction or occurrence that is the subject matter of the petition.

(c) Extent of Counterclaim: A counterclaim may or may not diminish or defeat the recovery sought by a plaintiff. It may claim relief exceeding in amount or different in kind from that sought in the petition.

(d) Counterclaim Maturing or Acquired After Pleading: A claim which either matured or was acquired by the defendant after serving its answer may, with the permission of the Court, be presented as a counterclaim by supplemental pleading.

(e) Omitted Counterclaim: When defendant fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, it may by leave of Court set up the counterclaim by amendment.