Drafting Basic Legal Documents – Answer

This lesson builds upon your previous knowledge of legal writing by focusing on the Answer, a crucial document in the litigation process. You will learn how to respond to the allegations in a complaint, practicing the skills needed to construct a well-written and legally sound Answer.

Learning Objectives

  • Identify the purpose and function of an Answer.
  • Understand the key components of an Answer.
  • Differentiate between admitting, denying, and stating insufficient knowledge to admit or deny an allegation.
  • Practice drafting responses to various types of allegations presented in a sample complaint.

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Lesson Content

Introduction to the Answer

The Answer is the defendant's formal response to the plaintiff's complaint. It's the first opportunity for the defendant to address the claims made against them. The Answer provides the court with the defendant’s position on each allegation, setting the stage for the rest of the litigation process. Failure to properly answer a complaint can have serious consequences, potentially leading to a default judgment against the defendant.

Think of it like this: The Complaint presents the plaintiff's story. The Answer tells the defendant's story – or at least, their initial response to the plaintiff's story.

Key Components of an Answer

An Answer typically includes the following components:

  • Caption: Same as the complaint; includes the court, case name, and case number.
  • Introduction: States the defendant's name.
  • Responses to Allegations: This is the heart of the Answer. Each numbered paragraph in the complaint is responded to with one of the following:
    • Admit: Agree with the allegation. Usually admits facts, not conclusions of law.
      • Example: Complaint Paragraph 1: "Plaintiff resides at 123 Main Street, Anytown, USA." Answer Paragraph 1: "Defendant admits the allegations contained in Paragraph 1."
    • Deny: Disagree with the allegation. This means the defendant is asserting the allegation is untrue.
      • Example: Complaint Paragraph 5: "Defendant negligently operated his vehicle." Answer Paragraph 5: "Defendant denies the allegations contained in Paragraph 5."
    • Deny Insufficient Knowledge to Admit or Deny: The defendant doesn't know enough about the allegation to either admit or deny it. This is appropriate when the defendant lacks personal knowledge.
      • Example: Complaint Paragraph 7: "Plaintiff suffered injuries resulting in permanent disability." Answer Paragraph 7: "Defendant lacks sufficient information to admit or deny the allegations contained in Paragraph 7, and therefore denies them." (This is appropriate if the defendant has not reviewed the plaintiff's medical records.)
  • Affirmative Defenses (Optional): These are new facts the defendant brings up that, if proven, could defeat the plaintiff's claim. They come after the responses to allegations and before the prayer for relief.
    • Example: "As a first affirmative defense, Defendant alleges that the Plaintiff's claims are barred by the statute of limitations." (The Statute of Limitations is the deadline to bring a lawsuit.)
  • Prayer for Relief: This is a short statement requesting that the court dismiss the lawsuit or rule in the defendant's favor.
    • Example: "WHEREFORE, Defendant prays that this Court dismiss Plaintiff’s Complaint and award Defendant its costs and attorney’s fees." (This is the ending of the Answer.)

Drafting Responses: Tips and Tricks

Here are some crucial tips for drafting effective responses:

  • Be Specific: Do not use vague or generic denials. Reference the complaint's specific paragraph number.
  • Be Honest: Do not lie or mislead. Ensure your responses are truthful based on the available information.
  • Follow the Complaint: Respond to each and every allegation in the Complaint. Do not skip any.
  • Consult with an Attorney: It’s critical to consult with an attorney to review the final Answer before filing it with the court, to ensure the correctness and completeness of the final version.
  • Know Your Jurisdiction: Local rules and requirements might vary. Always check with local court rules for format and specific requirements for the Answer.
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