Key Concepts & Definitions
Answer and General Denial: In legal terms, an 'answer' is a formal written response by a defendant in a civil lawsuit to the complaint filed by the plaintiff. A 'general denial' occurs when the defendant denies all allegations in the complaint, usually without providing specifics. Affirmative Defenses: These are reasons provided by the defendant in a lawsuit that would eliminate or mitigate the legal liability even if the complaint's claims are true. Examples include self-defense in assault cases or consent in breach of contract claims.
Step-by-Step Guide on Preparing an Answer and General Denial
- Review the Complaint: Carefully read the allegations and understand what is being claimed against you.
- Consult a Lawyer: It's wise to consult a Sacramento County lawyer if the case is in California, or a superior court attorney familiar with civil procedure.
- Prepare Your Response: Utilize pleading paper to draft your answer. Employ a general denial if you believe you are not liable for any claims made.
- Consider Affirmative Defenses: Decide whether any affirmative defenses apply to your case and mention these in your answer.
- File Your Answer: Submit your answer to the correct court, adhering to the deadlines set by California litigation laws.
- Follow Up: Prepare for potential next steps, such as pre-trial motions, including a motion strike if applicable.
Risk Analysis
Filing an improper answer or failing to claim pertinent affirmative defenses can significantly disadvantage a defendant in a criminal lawsuit or civil case. Incorrectly handling an answer or misuse of the general denial might lead to a swift judgment against the defendant. Additionally, not understanding the local civil procedure and equity rule can result in missed opportunities to challenge the plaintiffs claims effectively.
Best Practices
- Always consult with a qualified attorney before submitting your answer in court, particularly for complex cases involved within California litigation.
- Ensure that all filings are done within the statutory time limits to avoid default judgments.
- Use standardized pleading paper as per the local court's specifications to avoid having your answer disqualified for formatting reasons.
- Be truthful and precise in your general denial to maintain credibility in court proceedings.
Common Mistakes & How to Avoid Them
- Overlooking Specific Denials: When a general denial is inappropriate, failing to address specific complaint points can be detrimental. Specific denials should be used when certain facts are known to the defendant to be incorrect.
- Neglecting Affirmative Defenses: Not including applicable affirmative defenses in the answer can waive these defenses later in the trial.
- Misjudging Jurisdictional Requirements: Misunderstanding the procedural rules specific to the court like those in Superior Court can lead to procedural errors.
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2. ANSWER. General Denial: I deny all of the Plaintiff's allegations in this complaint or petition. I request notice of all hearings in this case.If you file an answer and do not claim an affirmative defense, you may forever give up that defense. Just as it sounds, a general denial says that the defendant disagrees overall with the plaintiff's claims. The most common form of answer is a "general denial," in which a defendant "generally denies all the allegations in the plaintiff's petition. A General Denial is a simple response to a lawsuit. In one sentence, the defendant denies every allegation in the complaint. An answer should contain admissions, denials, and, if appropriate, affirmative defenses. You MAY use this form for a general denial if: 1. The complaint is not verified; or.