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In this lesson, you will learn what happens after the complaint stage, the options the defendant has, and common documents at the answer stage.
Things to know about the Answer stage
- Overview of the Answer stage
- Responsive pleading
- Relation back
- Prejudice
- Initial review
- Common documents at the Answer stage
Transcript
The summons and complaint have been served. We have two parties now, a plaintiff, and a defendant. It\’s the defendant\’s next move. He has to essentially say, I\’m here. At this stage, the challenges are to determine how and when to answer. Avoiding a default judgment and fighting back.
The defendant will eventually be required to answer with a responsive pleading, which is a filing on the merits of the allegations in the complaint. An answer, for instance, is a responsive pleading because it addresses the points made in the complaint. A motion to dismiss is not a responsive pleading.
The relation back principle says that an amendment to a pleading will be treated as if it was filed at the time the original complaint was filed. For instance, if the defendant gets a dismissal, the plaintiff may be allowed to amend his or her complaint without fear of due date limits required of the original complaint.
In legal terms, prejudice is the disposition or dismissal of a case by a judge. A dismissal with prejudice ends the case. It\’s final. The plaintiff cannot refile the lawsuit.
A dismissal without prejudice is one where the plaintiff is allowed to amend the complaint or refile it. Moving on now to the initial review. The defendant should first examine the summons and complain to determine who sued him and how to move forward. He should examine the rules of civil procedure alongside the complaint and summons, keeping a keen eye out for defects.
Finally, he should note the date on the summons to determine the date response is required.
At this stage, a defendant has many options, including the motion to dismiss and demur. An answer and general denial, affirmative defenses, a counter claim, motions to quash or strike, and a motion for extension of time to answer.