The defendant must answer or otherwise respond within the applicable deadline, asserting denials and affirmative defenses, and may bring counterclaims, crossclaims, and third-party claims.
Failure to respond permits entry of default and, ultimately, default judgment.
Alternative Names:
Respondent, Defending Party
Why it Matters?
Identifying every proper defendant is as important as responding for the ones served. In transportation, construction, and premises matters the operating entity, property owner, management company, and contractors are frequently distinct, and the entity served may not be the one with control or coverage. Early corporate structure analysis determines whether third-party practice or nonparty fault designation is necessary, both of which carry deadlines.
Frequently Confused with
Related terms
Frequently asked questions
What happens if a defendant does not respond?
Why does identifying the correct entity matter?
