[wd_asp id=1]
A defendant files an answer to a complaint that has survived dismissal. In this lesson, you will learn:
- the components of an answer and other responses,
- common terms related to an answer and other responses,
- strategies at the answer stage.
Answer & Defenses
The Answer admits or denies the specific allegations in the Complaint.
It may be accompanied by Affirmative Defenses that help avoid liability for the claims.
It may also be accompanied by Counterclaims that mitigate amounts owed for the claims.
Definitions
- Pleading — a statement of facts and law outlining a party’s position
- Motion — a request to a court for an order
- Hearing — a proceeding by which a judge rules on motions
- Standing — a direct stake or interest in a claim
- Jurisdiction — the authority of a court to decide a case
- Venue — the county or district where the alleged injury took place
More Definitions
- Affirmative defense — a set of facts that describes why the defendant should win even if the plaintiff’s facts are true
- Counterclaim — a claim filed against the plaintiff by a defendant using the same circumstances described by the plaintiff
- Relation back — treating something done today as though it were done earlier
- Prima facie — “at first face” (Latin), where plausible facts are accepted as true until proven false
- Res ipso loquitur — “the thing speaks for itself” (Latin), where negligence is presumed because an accident occurred
Success at the Answer Stage
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
Hello again. I\’m Portia, and this is the answer stage lesson three of civil litigation one zero one.
In this lesson, we\’ll define the answer stage and look at strategies for both defendant and plaintiff at this point in the litigation.
Finally, we\’ll review some important definitions.
Just as a complaint stage is driven by the plaintiff, the answer stage is driven by the defendant.
The answer stage is where the person or persons being sued and defending the lawsuit explain in writing or by court appearance why they are not liable.
At this point, the defendant has several choices.
What he or she chooses determines the status of the case.
He can say, it\’s not true. I did it, but I\’m not liable.
The plaintiff is liable to or any combination of these. In the next section, we\’ll look at strategies based on each of these responses.
Let\’s look at the defendant\’s 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 counterclaims 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 counterclaim 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 counterclaims. 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 counterclaim 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 counterclaims, if any, actually state a claim?
You should answer these questions whether you\’re a plaintiff or a defendant in your case.
Now let\’s take a look at some important definitions from this lesson.