This form is used by the plaintiff to respond to defendant's offer to settle case prior to trial. In this form, plaintiff responds by making a counter-offer.
San Diego California Plaintiff's Response to Defendants' Offer of Judgment
State:
Multi-State
County:
San Diego
Control #:
US-PI-0044
Format:
Word;
Rich Text
Instant download
Description
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FAQ
YOU CAN NOT RESPOND: If you do not file a response within 30 days after you were served, the plaintiff can file a form called "Request for Default," which means you have defaulted and can no longer respond to the lawsuit to defend yourself.
How do I answer the complaint? Read the summons and make sure you know the date you must answer by. Read the complaint carefully.Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff.File your answer with the court by the date on the summons.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
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.
An answer is a pleading in which a defending party sets forth his defenses. Sec. 5. Defenses. Defenses may either be negative or affirmative.
Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.
(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
Reply. A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.
