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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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.
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.
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
A standard reply form is usually provided by the Clerk of the Court. (Here is a link to the Appearance & General Denial form.) Write your name, address, phone number, the case number and then sign the form. Have the Clerk of the Court then file your response in the court record.
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.
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.
(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication.
Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories.