Responding to Complaint

Question 1

What is an answer?

Answer 1

D admits or denies P’s allegations and lists defenses they might have

Question 2

In an answer, what must the defendant do in response to each allegation?

Answer 2

For each allegation, D should specifically admit or deny; If D fails to deny, it is deemed admitted

Question 3

What is the waiver rule for defenses?

Answer 3

If a defense not included in answer, generally it’s forfeited

Question 4

Which defenses are not considered waived, even if the D fails to assert in answer?

Answer 4

1. Failure to state a claim
2. Failure to join necessary party;
3. Lack of SMJ

Question 5

What is a motion for more definite statement?

Answer 5

Court will order pleading to be clarified if so vague that responding party cannot reasonably prepare a response

Question 6

What is a motion to strike?

Answer 6

Court can (on own or motion) order material stricken if complaint/answer contains redundant, immaterial or scandalous stuff

Question 7

What is a motion to dismiss?

Answer 7

Seeks dismissal, can be filed by any defending party

Question 8

How much time does D have to respond to complaint?

Answer 8

If D was actually served with process, D has 21 days to respond

If service of process was waived, then the D has 60 days to respond

Question 9

How is a defendant’s timing affected if the D responds with a pre-answer motion?

Answer 9

If the defendant responds to the complaint with a pre-answer motion (like motion to dismiss), but then that motion is denied, then the D must file the answer within 14 days of the denial