6. Pleadings

Question 1

What is considered the Plaintiff’s pleading?

Answer 1

The complaint

Question 2

What is the Defendant’s pleading in response to the complaint?

Answer 2

The answer

Question 3

What must the Defendant’s answer do?

Answer 3

1. Deny the allegations in the complaint that he wishes to contest
2. Specify any affirmative defenses that he wishes to assert

Question 4

What if the Defendant does not deny an allegation in the complaint?

Answer 4

It is admitted

Question 5

What if the Defendant’s answer fails to assert an affirmative defense?

Answer 5

It is waived

Question 6

What is a counterclaim?

Answer 6

Any affirmative cause of action that a Defendant has against the plaintiff

Question 7

Where may a Defendant raise a counterclaim?

Answer 7

In the answer

Question 8

Must the counterclaim relate to the Plaintiff’s cause of action?

Answer 8

No

Question 9

What must a Plaintiff do if there is a counterclaim in the answer?

Answer 9

Serve another pleading, called a reply

Question 10

What must a Plaintiff include in his reply?

Answer 10

Denials and affirmative defenses directed at the counterclaim

Question 11

What pleading may a Defendant assert against another defendant

Answer 11

A crossclaim

Question 12

What is a crossclaim?

Answer 12

Any claim that a Defendant has against another Defendant

Question 13

Must a crossclaim be related to the Plaintiff’s cause of action?

Answer 13

No

Question 14

Where does a crossclaim go?

Answer 14

Into the answer to the Plaintiff’s complaint

Question 15

Who must a party submit a copy of their pleading to?

Answer 15

All other parties to the action