In federal court and in jurisdictions that follow the Federal Rules of Civil Procedure, denials must be Law answer and stated in concise language that clearly identifies the allegations being denied Fed. Treatise of a Suit in Equity.
In substance, the answer ought to contain, 1st, a statement of facts and not arguments 2d, a confession and avoidance, or traverse and denial of the material parts of the bill 3d, its language ought to be direct and without evasion.
If a witness unexpectedly state facts against the interest of the party calling him, other witnesses may be called by the same party, to disprove those facts. Want to thank TFD for its existence? An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.
There is a fairly steep filing fee for each defendant filing an answer.
Under Federal Rules of Civil Procedure rule 13 ga cross-claim must arise out of Law answer transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.
The declaration of a fact by a witness after a question has been put asking for it. Only one wherefore clause is generally needed, although local practice may dictate that each denial and each affirmative defense have its own wherefore clause.
An ambiguous answer is to be taken against him who of fers it. Sometimes the answer is in the form of a "general denial," denying everything. In that part which consists of an examination, a direct and full answer, or reply, must in general be given to every question asked.
Answer The first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available affirmative defenses.
In short, if served a complaint, one should see a lawyer as soon as possible to prevent a default judgment. It may be laid down as an invariable rule, that whatever part of a bill or information is not covered by one of these, must be defended by answer.
Following the caption, the main body of the answer sets forth admissions or denials that respond to each allegation made in the complaint.
The answer gives the plaintiff notice of the issues the defendant will raise as the case progresses and enables the plaintiff to adequately prepare a case. The answer begins with a caption, which identifies the location of the action, the court, the docket or file number assigned by the courtand the title of the case comprising the names of the parties, e.
For an historical account of this instrument, see 2 Bro. This has the effect of a denial rule 8 b. If the defendant lacks the knowledge or information needed to respond to the truth or falsity of a charge, rule 8 b and similar rules in other jurisdictions allow the defendant to state such in the answer.
Courts discourage general denials because they fail to respond to specific allegations and do not give the plaintiff sufficient basis to prepare a case.
If the complaint is verified as under penalty of perjury, the answer must be also. In that part which consists of a defence, the defendant must state his, case distinctly; but is not required to give information respecting the proofs that are to maintain it.
The answer must be in typed form, follow specific rules of pleading established by law and the courts, and be filed with the court and served on the defendant within a specific statutory time e.
If the defendant fails to respond to an allegation by either denying it or by stating he or she does not have the information necessary to admit or deny it, it is considered admitted under rule 8 d.
For example, if the complaint alleges that the defendant was driving an automobile that struck the plaintiff on Addison Street in Chicago on March 11, an answer stating that the defendant was in Milwaukee on March 11 is unclear and ambiguous because it avoids the question of whether the defendant was also in Chicago at a different time on the same day.
Counterclaims and cross-claims sometimes appear in the answer. For example, in a Negligence action, the defendant might respond to an allegation that a duty of care was owed to the plaintiff by stating that, even if the allegation Law answer true, the plaintiff assumed the risk of the activity that led to the injury.
The answer may plead any form of denial that is truthful and made Law answer Good Faith. But the party calling a witness cannot discredit him, by calling witnesses to prove his bad character for truth and veracity, or by proving that he has made statements out of court contrary to what he has sworn on the trial; B.
The defendant must determine if the law allows an affirmative defense to a charge, and must allege sufficient facts to support the defense. A defence in writing made by a defendant, to the charges contained in a bill or information, filed by the plaintiff against him in a court of equity.
Further readings James, Fleming, Jr. Because counterclaims and cross-claims raise new issues and initiate a separate Cause of Actionthey must meet the procedural requirements of a complaint. Link to this page: In most jurisdictions, the answer must be filed within twenty days after receipt of the summons and complaint, although local rules and customs may dictate different filing times.
Defending and Testing the Lawsuit.See the Answer Can My Mother-in-Law Sell Her House and Buy a New House with Us Without Affecting Her Medicaid Eligibility? My husband and I are planning on selling both our house and my mother-in-law's house and then purchase a property together.
She has recently been diagnosed with Alzheimer's disease and we need to find a home with a. Ask FREE Legal Questions, Answered by Attorneys Today Ask FREE Legal Questions Get FREE public or private legal advice in minutes from our network of over 8, specialized attorneys in all legal areas - from Family.
In law, an Answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem.
Answering Legal provides Law Firms, large or small, with the most advanced, professional, and affordable Virtual Receptionists and Legal Answering Service in the industry. Answering Legal is the Number One Answering Service for Attorneys. answer.
n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer generally responds to each allegation in the complaint by denying or admitting.
The answer must be in typed form, follow specific rules of pleading established by law and the courts, and be filed with the court and served on the defendant within a specific statutory time (e.g.
30 days after service of the complaint).Download