Indiana USLegal Pamphlet on How to Answer a Complaint

State:
Multi-State
Control #:
US-PMPH-13
Format:
Word; 
Rich Text
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Description

This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.

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FAQ

Alternative dispute resolution (ADR): Methods of resolving disputes out of court, including mediation and arbitration. answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition).

Most Defendants file an Answer to the Complaint. If the Plaintiff did not follow the rules when serving you with the Complaint, the Complaint is missing certain information, or the Complaint shows that the Plaintiff cannot win, it may be possible to file a Motion to Dismiss the Complaint instead.

Indiana Trial Rule 6(C) provides an initial 20-days for individuals to respond to a summons and complaint. The key here is that the clock starts to run from when the summons and complaint were received.

Types of Responses Answer. An Answer is the most common way to respond to a lawsuit. ... General Denial. A General Denial is a simple response to a lawsuit. ... Demurrer. ... Motion to Quash Service of Summons. ... Motion to Strike. ... Motion to Change Venue or Transfer. ... Cross-Complaints. ... For More Information.

A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff is seeking. After receiving the complaint, the defendant must respond with an answer.

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

File an answer Filing an answer is probably the most common way of responding to a lawsuit. An answer is your opportunity to respond to the complaint's factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff's claim.

Fortunately, answering the Summons is easy, and you have just three steps to submit a response: Address each claim listed in the Complaint. Assert your affirmative defenses. File the Answer document with the court, and send a copy to the plaintiff.

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Indiana USLegal Pamphlet on How to Answer a Complaint