Defendant's response

Question 1

How can D answer summons and complaint?

Answer 1

1. Serving an answer

2. Make a pre-answer motion to dismiss

Question 2

What is an answer?

Answer 2

D’s pleading in which admits/denies P’s allegations, sets forth affirmative defenses, counterclaims, and cross-claims

Failure to deny an allegation is implied admission

Failure to raise affirmative defense is waiver

Question 3

What is reply?

Answer 3

P’s pleading in response (answer) to counterclaim

Question 4

On whom must copies of pleadings be served?

Answer 4

All other parties who have appeared in action

Question 5

How are interlocutory papers served?

Answer 5

1. Regular mail (made through USPS post office/box IN NY STATE)
2. Personal delivery
3. Fax (if recipient consents) and mail
4. Overnight courier

Deemed made upon mailing, not receipt

Question 6

What are the time limits for service?

Answer 6

1. If D served by personal delivery within NY, 20 days from delivery
2. If D served by mail plus acknowledgment, 20 days after service complete
3. If D served any other way, 30 days after service complete