An answer responds to each numbered allegation by admitting it, denying it, or stating that the defendant lacks knowledge sufficient to form a belief, which operates as a denial. It also asserts affirmative defenses and may include counterclaims and crossclaims.
Allegations not denied are generally deemed admitted, except those concerning the amount of damages.
Alternative Names:
Responsive Pleading, Defendant's Answer
Why it Matters?
The answer is where affirmative defenses are preserved, and defenses omitted are frequently waived. Because the response deadline is short and the full factual picture is rarely available, careful practice pleads the defenses the known facts could support and reserves the right to amend. Blanket denials that contradict facts the defendant obviously knows also invite Rule 11 exposure and damage credibility with the court.
Frequently Confused with
Related terms
Frequently asked questions
What happens to allegations that are not denied?
Can affirmative defenses be added later?
