In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff.
In Civil Law, an “answer” is the initial formal response provided by the defense to a complaint filed by the plaintiff with the court. This written statement either admits or denies the allegations presented or requests further clarification on the claims made.
Related Terms:
- Complaint – The initial legal action that commences a lawsuit, filed by the plaintiff to initiate the case. It outlines the allegations and demands for damages, prompting the defense to respond with an “answer.”
- Pleading – The first stage of a lawsuit where the plaintiff files a complaint and the defense replies with an “answer.” The defense may also file a counterclaim to assert their own grievances and seek damages.
- Default Judgment – If the defense fails to respond to the complaint within the stipulated timeframe, the court may issue a default judgment in favor of the plaintiff upon motion, due to the defense’s lack of action.
How To Respond to a Complaint:
When a plaintiff initiates legal proceedings by filing a complaint, the response from the defendant, known as an answer, must be prepared and submitted to the court according to specific guidelines.
As per the Federal Rules of Civil Procedure, the defense must adhere to the following principles when drafting an answer:
Rule 8. General Rules of Pleading
(b) Defenses; Admissions and Denials.
- In General – When responding to a pleading, a party must:
- A – Clearly state its defenses to each claim asserted against it;
- B – Admit or deny the allegations made by the opposing party.
- Denials – Responding to Allegations:
- A denial must accurately address the substance of the allegation.
- General and Specific Denials – A party may issue a general denial if it intends in good faith to deny all allegations in the pleading, including jurisdictional claims. Otherwise, the party must specifically admit or deny designated allegations.
- Partial Denials – If a party intends in good faith to deny only part of an allegation, they must admit the part that is true and deny the remainder.
- Lack of Knowledge or Information – If a party lacks sufficient knowledge to form a belief about the truth of an allegation, they must state so, and this statement functions as a denial.
- Consequences of Failing to Deny – An allegation (excluding those related to damages) is deemed admitted if it is not denied in a responsive pleading. If a responsive pleading is unnecessary, the allegation is considered denied or avoided.
In summary, an “answer” in legal terms refers to the formal response by the defense to a complaint filed by the plaintiff. It is a critical step in the litigation process, shaping the course of the case as it proceeds through the courts.
