As Herman's Hermits once sang: Second verse same as the first: WV Rules of Civil Procedure Rule 8(d) 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.
Federal Rules of Civil Procedure Rule 8(b)(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided. on Grimes' Affidavit--Notice what is not in it!!
Thank you Johnny. I appreciate all my lawyer friends.
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