Pleadings and Motions
Pleadings
A plaintiff must serve a responsive pleading to a counterclaim designated as such, admitting or denying its allegations and asserting affirmative defenses. Failure to reply may result in the allegations being deemed admitted.
The response deadline runs from service of the counterclaim.
Alternative Names:
Answer to Counterclaim, Reply
Why it Matters?
Failing to reply is a recurring oversight because a plaintiff focused on prosecuting its own claim may not treat the counterclaim as requiring a separate response. The consequence is that allegations stand admitted and affirmative defenses to the counterclaim are waived. Calendaring the reply deadline separately from other case deadlines prevents the default.
Frequently Confused with
Related terms
Frequently asked questions
What happens if a plaintiff fails to reply?
Why is this deadline missed?
