ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

How much information should the defendant include in the answer?

Essentially, the defendant's answer must make the plaintiff and the court aware of the defendant's response to each allegation and count in the complaint, by stating whether he or she is contesting or admitting each allegation and count, or is unable to contest or admit because of insufficient information. A failure to respond can be interpreted as an admission by the defendant that the plaintiff's allegation is true. In addition, the answer may raise any affirmative defenses the defendant may have. An affirmative defense is a defense beyond simple denial, where the defendant attempts to counter, defeat, or remove all or a part of the contentions of the plaintiff. If a defendant raises an affirmative defense, the defendant will be required to prove it if the case goes to trial.

If the defendant has reason to believe that the court lacks jurisdiction to hear the case, the defendant should raise that issue at the earliest possible opportunity.