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In this lesson, you will learn the defendant\’s strategy at the answer stage, the plaintiff\’s strategy at the answer stage, the requirements of an answer, and the strategy of a counterclaim.
An Answer is successful when it admits no more than necessary, only those facts that cannot truthfully be denied.
An Affirmative Defense is successful if it justifies the actions admitted.
A Counterclaim is successful (at the Answer stage) if it survives a plaintiff’s motion to dismiss.
Defendant’s Strategy
Defendant’s strategy at the Answer stage is to make:
- truthful denials of allegations in the complaint
- affirmative defenses that avoid liability
- counterclaims, if any, that reduce or eliminate liability
A defendant must file an answer and should plead all affirmative defenses and available counterclaims.
Plaintiff’s Strategy
Plaintiff’s strategy at the Answer stage is to demand:
- more definitive statements in a defendant’s answer
- that affirmative defenses be struck
- that counterclaims be dismissed.
A plaintiff should attack all of a defendant’s pleadings.
Your Strategy
Take a moment to think about what YOUR strategy should be at the Answer stage.
- Does the Answer either admit or deny each of the facts in the Complaint?
- Is there factual and legal support for each Affirmative Defense?
- Do the Counterclaim(s), if any, actually state a claim?
You should answer these questions no matter whether you’re a defendant or plaintiff in your case.
Transcript
Let\’s look at the defendant strategy.
To avoid a default judgment, The defendant should at least respond with an answer of. It\’s not true.
But responding with affirmative defenses and counter claims if he has them will make his case even stronger.
The defendant must respond to each paragraph or allegation in the plaintiff\’s complaint.
The response must be in writing or at a hearing.
An answer is successful when it admits no more than necessary only those facts that cannot truthfully be denied.
Along with the answer, the defendant should include affirmative defenses that basically say The allegations are true, but I\’m not liable.
Affirmative defenses are facts that might mitigate the legal consequences of a defendant\’s conduct.
In writing, the defendant should list all available affirmative defenses and justify any actions admitted.
In response to the complaint, the defendant can also sue or file a counter claim for any harm or damage to him arising from the same set of facts in the complaint.
The counterclaim should survive a motion to dismiss.
Should reduce or eliminate the defendant\’s liability, and should have legal and factual support.
It should also include all compulsory counter claims. Otherwise, the defendant won\’t be able to bring them up later.
Let\’s turn now to the plaintiff\’s strategy.
In response to the defendant\’s answer, The plaintiff can move for more definite statements. That is, the motion essentially requests that the defendant clarify the allegations made in his pleading.
In response to the affirmative defenses, the plaintiff could move to strike each and every one of them.
The plaintiff could write a motion to dismiss the counter claim with facts showing that it is inadequate or that there is no cause of action.
Now it\’s your turn. Take a minute to think about what your strategy should be at the answer stage.
Does the answer either admit or deny each of the facts in the complaint?
Is there factual and legal support for each affirmative defense?
Do the counter claims if any actually state a claim?
You should answer these questions whether you\’re a plaintiff or a defendant in your case.