Answer

An answer is a defendant's formal written response to a complaint. It admits or denies each allegation and lists the defenses the defendant intends to raise. A defendant that fails to answer on time risks a default judgment, which lets the court decide the case against it without a trial.

Origin

The answer is the standard responsive pleading under federal and state rules of civil procedure. Deadlines vary; in federal court a defendant generally has 21 days after service, or longer if it agrees to waive formal service. Some asbestos dockets allow defendants to file a standard or master answer that applies across many cases.

Significance in Asbestos Context

In asbestos cases, defendants usually deny most allegations, including that their products contained asbestos or that the plaintiff was exposed to them, and list a long series of affirmative defenses. That is normal and does not mean the case is weak; it preserves the defendant's positions while the facts are developed in discovery. Before or instead of answering, a defendant may file a motion, for example to dismiss for lack of personal jurisdiction. Once answers are in, the case moves into discovery, including written questions, document requests and depositions. If a defendant never answers, the plaintiff can ask the court for a default judgment, though in asbestos litigation most defendants appear and defend.

Example Sentence

The pump manufacturer's answer denied that any of its products used asbestos gaskets and raised the statute of limitations as an affirmative defense.

Related Terms

Complaint, Affirmative Defense, Defendant, Default Judgment, Discovery, Personal Jurisdiction

Notes

• Blanket denials in an answer are routine and are not a sign of how a case will turn out.
• Ask your lawyer which defendants have answered and which have filed motions instead.