how to file attorney answer in civil court

Make at least two copies of your answer and mail one copy to the plaintiff’s attorney listed on the complaint or summons. If no attorney is listed, mail it directly to the plaintiff. Mail it on the date you indicated in your answer document. Take your original answer and an extra copy to the court address listed on the summons.

Full Answer

How do I file an answer to a civil case?

Bring your originals as well as the two copies you made so the clerk can stamp all of them as "filed.". The clerk will give you the copies back. In most jurisdictions you don't have to pay any filing fees to file your answer. However, you may have to pay filing fees if you're also filing a motion or a counterclaim.

Do I need an attorney to file an answer to a lawsuit?

If the lawsuit is complex or involves a significant amount of money, it may be in your best interests to work with an attorney. If you draft and file your answer without talking to an attorney, you could accidentally give up rights that you didn't intend to lose, such as the ability to raise certain defenses.

How to file papers in the Court of law?

Filing Papers in Court 1 Filing Papers at the Court. First, make sure you read our section on Basics of Court forms, where you will find a lot of useful information about preparing your paperwork ... 2 Information for Plaintiffs/Petitioners. ... 3 Information for Defendants/Respondents. ... 4 Court Fees. ... 5 Keeping the Court Updated. ...

How to file an answer or motion in the district court?

If you are filing your answer or motion in the district court, you have the option of filing electronically. Click to visit the District Court Electronic Filing page for more information. You can also file in person with the court clerk. If you go to the court clerk to file, you will need:  The correct filing fee.

How do you respond to an attorney in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.

How do you write a response to the court?

Write your answer Only tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.

How do I file an answer to a summons in California?

If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.

How could the discovery process lead to a settlement in a civil case?

How could the discovery process lead to a settlement in a civil case? Lawyers could find something with the evidence that would make the defendant want to settle.

How do you draft an answer?

1:148:03Drafting an Answer to a Civil Complaint - YouTubeYouTubeStart of suggested clipEnd of suggested clipNumber two is to research the legal claims asserted by the adversaries complaint before drafting anMoreNumber two is to research the legal claims asserted by the adversaries complaint before drafting an answer one must be sure to research the adversaries legal claims. Doing.

How long do you have to respond to a court claim?

If the creditor sends you a letter of claim and you do not reply within 30 days of the date at the top of the letter, the creditor can ask the court to increase the debt. They do not have to do this and are unlikely to do so if you agree you owe the money.

How do you respond to a defendant's answer?

1:1512:47HOW DOES A DEFENDANT RESPOND TO A COMPLAINT?YouTubeStart of suggested clipEnd of suggested clipAn. Answer is a written response to the complaint in California Superior Court pursuant toMoreAn. Answer is a written response to the complaint in California Superior Court pursuant to California Code of Civil Procedure Section 430 1.30 be an answer to a complaint.

How do I respond to a summons and complaint in California?

Here are three steps to responding to a Summons and Complaint:Answer each claim listed in the complaint.Assert your affirmative defenses.File the Answer with the court and serve the plaintiff.

How do you respond to an allegation in a complaint?

Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

Which is usually the first form of discovery in a civil trial?

depositionsOne of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

How to answer a lawsuit?

There are different ways you can answer the lawsuit, and which you choose will depend on the allegations in the complaint and whether you agree with them. Type your responses in numbered paragraphs that correspond to the plaintiff's numbers, then reference the number in your statement.

How long do you have to respond to a complaint?

You will have a deadline to respond to the complaint, typically 20 or 30 days from the date you are served. Keep in mind that this deadline typically is measured by calendar days – not just days the court is in session. So make sure you're counting weekends and holidays when you determine how long you have to respond.

What happens if you fail to include all the required elements in a complaint?

If he or she has failed to include all the required elements, you may be able to file a motion to have the complaint dismissed.

How to determine if you have any defenses available?

Research the law. Check any law cited in the complaint as well as related laws to determine if you have any defenses available.

How many copies of your answer do you need?

After you've signed your answer, make at least two copies. You'll need one for your own records and one for the plaintiff – the court will keep the originals. Depending on the subject matter of the plaintiff's lawsuit, there may be other forms you need to file with your answer, such as declarations or affidavits.

What does "demurrer" mean in a lawsuit?

For example, you might respond with a demurrer, which means that even if everything in the complaint is true, it's still not a legal reason for you to be held responsible for the plaintiff's damages or losses.

Why do you raise a defense in an answer?

Keep in mind that just because you raise a defense in your answer, you aren't committing to arguing it later. Sometimes attorneys will raise defenses in an answer simply to preserve them in case they want to use them later. After you learn more about the case, you may decide that a defense you raised in the answer no longer applies, but raising it in the answer means you won't risk losing the ability to argue it later.

How long do you have to answer a summons?

You must answer even if the summons does not have an index number. The time allotted to answer is either 20 or 30 days, depending on how you received the summons: • 30 days - if the summons was delivered to you by any other method.

How to find out where to bring your answer in your county?

To find out where to bring your answer in your county, go to locations. Your answer should include any defense or explanation that you might have. You may also make a counterclaim at that time. You should bring the summons with you. You may also demand a trial by jury when you file your answer.

What happens if you don't answer a summons?

If you do not answer the summons, the plaintiff may be able to have a judgment entered against you. The plaintiff may also be able to garnish your wages or freeze your bank account.

Can you file a jury demand at a later date?

You may also ask the judge for permission to file a jury demand at a later point in time. When you file your answer, the clerk will give you information as to how you will be notified to appear in court. You will then have to mail a copy of your answer to the plaintiff.

How do I File a Case in a Civil Court?

Before filing any action in civil court, it is essential to determine if there is a statute of limitations that applies to your cause of action or legal claim against the other party. The statute of limitations is the timeframe within which an individual must file a lawsuit. For example, if the statute of limitations for a breach of contract is four years, an individual has four years to file a lawsuit from the date of the breach.

What is a plaintiff in a civil lawsuit?

A plaintiff in a civil lawsuit is usually requesting damages, or monetary payment. Alternatively, they may be seeking equitable damages, such as an injunction, which is a court order instructing the defendant to take some action or cease an action. For example, if an individual is involved in a car accident, they may file a civil lawsuit in civil ...

How are Civil Courts Different from a Criminal Court?

Civil court cases and criminal court cases are different in many ways. The laws, punishments, and the burdens of proof are different in both court systems.

What can an individual file for in a car accident?

For example, if an individual is involved in a car accident, they may file a civil lawsuit in civil court under personal injury laws. They may seek compensation for damage to their vehicle, medical costs, lost wages, and other expenses.

What is civil court?

A civil court is a court of law that handles various types of civil cases. The purpose of civil court is to hear civil cases. It does not hear criminal cases. A civil lawsuit is filed in a civil court. It involves an individual, or plaintiff, filing a complaint against another individual, or defendant, whom they believe has injured them in some way ...

What are the causes of action in a civil case?

The complaint will contain the cause of action that the individual is suing for, such as: 1 Breach of contract, 2 Negligence, or 3 Fraud.

What is the right to a jury trial in criminal cases?

In criminal cases, the case is brought to either federal or state by law enforcement. The government brings a case against an individual and carries the burden of proof. Penalties can vary widely and by jurisdiction. The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment.

How to respond to a civil case?

Then take the following steps to decide how (and whether) you want to respond: Step 1: Calculate your deadline to respond. Step 2: Evaluate your options. Step 3: Prepare a response.

How to find out which court a case was filed in?

On the first page of the summons or complaint, there's a "caption" (heading). That caption should indicate which court the case was filed in (district or justice).

What happens if you don't file a written response?

If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What does "fail to state a claim" mean?

In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations.

How to serve summons and complaint?

Rules regarding proper service of legal documents vary by state, but the most common way to serve a summons and complaint is to have them personally delivered by an adult who is a resident of the state where the complaint is filed. This is usually done by hiring a private process server or your local sheriff’s department to serve the documents.

What is a summons in court?

A summons is a separate document that gives the defendant official notice that he is being required to appear and answer the allegations made by the plaintiff. In most states, a person representing themselves will need to have the summons issued by the court clerk.

What is a counterclaim in a breach of contract?

A counterclaim is a civil claim arising from the same set of circumstances. In breach of contract cases, for example, it is common for the defendant to allege that it was the plaintiff who, in fact, breached the contract. In this case, the defendant would make a breach of contract claim in their answer, in much the same way they would if they were the plaintiff making the allegations in a complaint. The defendant must allege all the elements of any claim they bring against the plaintiff as a counterclaim and allege the amount of damages they incurred. The plaintiff will then have to answer the counterclaim in the same way a defendant originally answered the complaint (but note that the identifiers of plaintiff/defendant remain the same).

What to do if you have a contract and you fail to hold up your end of the bargain?

Likewise, if you have a binding contract with someone and they fail to hold up their end of the bargain, you may need to file a lawsuit to recover your losses due to that breach of the contract. The first step to beginning any lawsuit is to file a civil complaint. In the complaint, the plaintiff (the person bringing the lawsuit) ...

What happens if you ignore a summons?

If you ignore the summons, the court will enter a default judgment against you and you will be legally obligated to pay for all the damages awarded! This means that the plaintiff will most likely be able to seize your bank accounts, garnish your wages, and potentially foreclose on your home.

How to find the elements of a claim?

The best way to discover the elements of a potential claim is to ask the librarian at your local law library. Although they won’t be able to give you legal advice, they should be able to tell you where to look to find the individual elements of any potential claim. Once you know the elements of each claim you wish to bring against the defendant, you then need to allege facts that, if proven at trial, will satisfy each element of your claim for relief. You will also need to inform the court (and the defendant) what specific relief you are requesting (such as economic damages or emotional distress damages for pain and suffering). This is known as the prayer for relief.

Can you sue the city for a sidewalk?

For example, if you trip on the sidewalk, you cannot necessarily sue the city for your damages. You will need to allege that the city (or someone else) was negligent in some manner. Perhaps the sidewalk was in a poor state of disrepair.

How to file a court case?

Filing court papers by mail. In most cases, you can file papers by mail. Call the court clerk to make sure you can file by mail for your kind of case. Keep in mind that filing by mail will likely slow down the process.

What do you need to file a lawsuit?

When you file a lawsuit, you will usually file a petition or a complaint. You also will almost always need a summons. And, in most civil cases, you will need a Civil Case Cover Sheet (Form CM-010). In the individual topics in this website, we tell you exactly what forms you need for your dispute.

What happens if a defendant does not file a response?

If the respondent or defendant does not file any type of response with the court within those 30 days, the court does not just make a decision. You have to ask the court to “enter the default” of the respondent/defendant, which means that he or she is no longer allowed to file a response and has defaulted (so your case will be decided based only on the information you give to the court, without the other side having any input into the matter).

What happens if you don't respond to a lawsuit?

If you do NOT respond in time, the plaintiff or petitioner can ask the court to “enter a default” against you. That means that you can no longer respond or participate in the case, and the court will usually order what the plaintiff or petitioner asked for in the petition or complaint.

How long do you have to respond to a court case?

The respondent or defendant in your case may or may not file an answer or some other type of response. In most cases, he or she will have 30 days from the date you deliver your papers to him or her to file a response. In some cases, like evictions or domestic violence, you will have a lot less time, usually just a few days.

How many copies of documents do you need to file a court case?

Once you are ready to file your papers in court, there are some general rules that apply: Make sure you take the original plus at least 2 copies of your documents. The court will keep the original. The clerk will stamp your copies “Filed” and return them to you.

What to do if you are not sure what number to use?

If you are not using Judicial Council forms, make sure that your papers follow the requirements in the California Rules of Court, starting with rule 2.100. Some courts also have local rules for filing. Some local rules require special cover sheets or local forms. ...