This is an answer to a civil lawsuit which includes affirmative defenses.
This is an answer to a civil lawsuit which includes affirmative defenses.
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Overview Step 1: Calculate your deadline to respond. Step 2: Evaluate your options. Step 3: Prepare a response. Step 4: File your response with the court. Step 5: Give plaintiff a copy of your response. Step 6: Know what to expect next.
Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk.
It is a formal written statement that addresses the allegations made by the plaintiff and either admits or denies them. Example: If a person is sued for breach of contract, they would file a responsive pleading that either admits to breaching the contract or denies the allegations made by the plaintiff.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.