Key Takeaways

  • In law, an answer is the defendant’s formal written response to a complaint.
  • The answer definition in law requires admitting, denying, or stating insufficient knowledge about each allegation.
  • Failure to file an answer typically results in a default judgment against the defendant.
  • Answers may include defenses, counterclaims, or affirmative defenses, depending on jurisdiction.
  • In equity practice, answers serve both as a factual examination and as a legal defense.
  • Answers must follow rules of procedure, be timely filed, and are sometimes verified under oath.

Civil Law

  1. In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability.
  2. A formal response to allegations made in a complaint (or petition). Normally, the answer either admits or denies the allegations, although some states allow an answer to state a lack of knowledge as to whether a particular allegation is true or false. If the defendant fails to file an answer, the plaintiff usually wins by default. In a divorce, failure to file an answer may result in a default divorce.

Example: X is sued for paternity by his former lover, Y. X will be served with a complaint (or petition) containing the allegation that Y believes he is the father of her child. He must answer within a certain period of time (usually 20-30 days) or lose by default. In his answer, X must either admit or deny each of the complaint's allegations. In some states, X may respond that he doesn't know whether or not an allegation is true.

Time Limits and Consequences of Failing to Answer

Courts strictly enforce deadlines for filing an answer. The time period usually ranges between 20 and 30 days after service of the complaint, though this varies by state and federal rules. If the defendant fails to file an answer within the required time:

  • The plaintiff may request a default judgment, granting relief without further litigation.
  • The defendant loses the chance to present defenses or contest the allegations.
  • In family law, such as divorce or paternity cases, default judgments can have significant personal and financial consequences.

Types of Responses in an Answer

When discussing the answer definition in law, it is important to note that an answer is not always limited to simple admissions or denials. Depending on the jurisdiction, defendants may include:

  • General Denials – Rejecting all allegations at once.
  • Specific Denials – Addressing each allegation separately.
  • Affirmative Defenses – Raising new facts that, if proven, defeat or mitigate liability (e.g., statute of limitations, self-defense, contributory negligence).
  • Counterclaims – Claims brought by the defendant against the plaintiff within the same case.
  • Crossclaims – Allegations against co-defendants arising from the same transaction.

These options give defendants flexibility in shaping their defense strategy and ensuring all issues are presented before the court.

Pleading In Equity

A defence in writing made by a defendant, to the charges contained in a bill or information, filed by the plaintiff against him in a court of equity.

The word answer involves a double sense; it is one thing when it simply replies to a question, another when it meets a charge; the answer in equity includes both senses, and may be divided into an examination and a defence.

  • In that part which consists of an examination, a direct and full answer, or reply, must in general be given to every question asked.
  • In that part which consists of a defence, the defendant must state his, case distinctly; but is not required to give information respecting the proofs that are to maintain it.

As a defendant is called by a bill or information to make a discovery of the several charges it contains, he must do so, unless he is protected either by a demurrer a plea or disclaimer. It may be laid down as an invariable rule, that whatever part of a bill or information is not covered by one of these, must be defended by answer.

Form

In form, it usually begins:

  1. With its title, specifying which of the defendants it is the answer of, and the names of the plaintiffs in the cause in which it is filed as answer.
  2. It reserves to the defendant all the advantages which might be taken by exception to the bill.
  3. The substance of the answer, according to the defendant's knowledge, remembrance, information and belief, then follows, in which the matter of the bill, with the interrogatories founded thereon, are answered, one after the other, together with such additional matter as the defendant thinks necessary to bring forward in his, defence, either for the purpose of qualifying, or adding to, the case made by the bill, or to state a new case on his own behalf.
  4. This is followed by a general traverse or denial of all unlawful combinations charged in the bill, and of all other matters therein contained.
  5. The answer is always upon oath or affirmation, except in the case of a corporation, in which case it is under the corporate seal.

Substance

In substance, the answer ought to contain:

  1. A statement of facts and not arguments.
  2. A confession and avoidance, or traverse and denial of the material parts of the bill.
  3. Its language ought to be direct and without evasion.

Affirmative Defenses in Equity and Civil Law

While equity historically required detailed examinations and defenses, modern civil procedure incorporates similar principles. A defendant may raise affirmative defenses in both equity and law, such as:

  • Fraud
  • Duress
  • Estoppel
  • Release or settlement

Unlike denials, affirmative defenses do not dispute the truth of allegations but instead assert that, even if true, the plaintiff is not entitled to relief.

Practice

The declaration of a fact by a witness after a question has been put asking for it.

If a witness unexpectedly state facts against the interest of the party calling him, other witnesses may be called by the same party, to disprove those facts. But the party calling a witness cannot discredit him, by calling witnesses to prove his bad character for truth and veracity, or by proving that he has made statements out of court contrary to what he has sworn on the trial; for the production of the witness is virtually an assertion by the party producing him, that he is credible.

Verification and Oath Requirements

In many jurisdictions, answers must be verified by the defendant under oath, especially in equity proceedings or when required by statute. Corporations often verify answers under their corporate seal. Verification ensures that the defendant’s statements are based on personal knowledge or belief, discouraging frivolous denials.

Strategic Importance of an Answer

The answer serves as the foundation of a defendant’s case. By properly drafting an answer, the defendant can:

  • Narrow the issues for trial.
  • Preserve objections and defenses.
  • Prevent the plaintiff from obtaining a default judgment.
  • Introduce defenses that shift the burden of proof.

Because of its critical role, answers are often prepared with the assistance of an attorney to ensure compliance with procedural rules and to maximize strategic advantage. Parties seeking guidance can consult with an experienced lawyer on UpCounsel to ensure their answer is properly filed and effective.

Frequently Asked Questions

1. What is the answer definition in law?

An answer is the defendant’s formal written response to a complaint, admitting, denying, or claiming insufficient knowledge of each allegation.

2. What happens if a defendant does not file an answer?

If a defendant fails to answer on time, the court may issue a default judgment in favor of the plaintiff.

3. Can a defendant raise new claims in an answer?

Yes. Defendants can include counterclaims against the plaintiff or crossclaims against co-defendants when permitted by procedural rules.

4. What are affirmative defenses in an answer?

These are defenses where the defendant introduces new facts, such as statute of limitations or fraud, to avoid liability even if allegations are true.

5. Does an answer always have to be verified under oath?

Not always. Some jurisdictions require verification in equity or statutory cases, while others only require it in specific proceedings.

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