This is an answer to a civil lawsuit which includes affirmative defenses.
Delaware General Form of an Answer by Defendant in a Civil Lawsuit
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US-00961BG
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How to fill out General Form Of An Answer By Defendant In A Civil Lawsuit?
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FAQ
An answer is a formal written response to the plaintiff's complaint in which the defendant responds to all of the allegations in the complaint and sets forth any defenses to all or part of plaintiff's claims. An answer is filed by the defendant after s/he has been served with a copy of the complaint.
The answer may contain affirmative defenses and counterclaims against the plaintiff. If there are counterclaims asserted, the plaintiff must then serve and file a written reply to the counterclaims.
After discussing the claim with the plaintiff's attorney, the defendant must file an answer to the complaint. The answer tells the court in what ways the plaintiff's prima facie case is defective and to assert any affirmative defenses. This is also the time to object if the case has been brought in the wrong court.
Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is called a "response."
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
An answer is a reply to a question or a solution to a problem. In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint.
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
1. When must a defendant respond to the complaint? For an action in the Delaware Court of Chancery, Superior Court, and Court of Common Pleas, unless the court directs otherwise, a defendant must respond to the complaint within 20 days after service of the summons and complaint on the defendant (Del. Ct.