A Summons in Civil Action (21/60-day answer deadline) is a legal process initiated by a plaintiff, who is typically represented by an attorney, to begin a civil action against a defendant. The summons is a document that notifies the defendant that a lawsuit has been filed against them and that they are required to answer the complaint within a specified period of time, either 21 or 60 days, depending on the particular jurisdiction. There are two types of Summons in Civil Action (21/60-day answer deadline): 1. Summons with Notice: This type of summons requires the defendant to be served with a copy of the complaint and a notice of the lawsuit, as well as a copy of the summons. 2. Summons Without Notice: This type of summons only requires the defendant to be served with a copy of the summons. The defendant is not served with a copy of the complaint or a notice of the lawsuit. However, the defendant is still required to answer the complaint within the specified timeline.
Summons in Civil Action (21/60-day answer deadline)
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FAQ
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.
A defendant who is served with a summons and complaint has two options in defending the case: File an Answer - Within 21 days (or 60 days if the defendant is a federal government agency or employee) the defendant may file an answer with the Court.
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.
The time to answer the summons and complaint is either 10, 20 or 30 days, depending on how you received the papers and whether the case is in a court inside or outside New York City: 10 days - if the summons and complaint were given to you by personal (in hand) delivery within the county.
1. How do I file an Answer? You appear and answer by filing a written answer with the same court where the complaint was filed and serving the plaintiff with that answer. There is no filing fee for filing an answer.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
The time in which a counterclaim may be asserted is computed from the time when the underlying facts and circumstances became known or reasonably should have become known. CPLR 203(g). A reply to a counterclaim must be served within twenty (20) days of service of the pleading containing the counterclaim.