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Speaker 1: What is an answer? An answer for purposes of civil action before the court is a formal legal response of the defendant to the factual allegations and legal claims of the plaintiff that were set forth in the Plaintiff Summons and Complaint in the United States of America. The answer sets out the defendant's position in the litigation, admitting or denying allegations made by the plaintiff, and presenting the defendant's own version of the facts. The answer also provides the defendant the opportunity to assert affirmative defenses, facts, and or legal arguments to defeat the plaintiff's claims. Recognizing that each court sets forth its specific rules and procedures, including the required content of the answer and even its specific format, with template forms being provided. In general, the answer sets out the case caption at the outset and then proceeds into a series of numbered paragraphs where the defendant must respond to each allegation set out in the complaint by either 1. Admitting its truth or 2. Denying its truth or 3. Denying that the defendant has sufficient knowledge or information to know whether the allegation is true or false. The law thereafter treats each allegation that was set out in the complaint but not responded to as having been admitted to, such that it is essential that the defendant respond to each and every allegation contained in the complaint. The answer may and sometimes must contain affirmative defenses, for example, failure to state a cause of action, latches, contributory negligence, statute of limitations, defective service. In this regard, the defendant needs to be careful not to waive any defenses. Certain defenses, such as a lack of proper service in the summons of complaint, may be waived if the defendant does not either assert them or files a motion for dismissal prior to serving the defendant's answer. The answer may be combined with other pleadings, such as a counterclaim that is brought by the defendant against the plaintiff and seeking relief from the plaintiff, much in the same way as a plaintiff's complaint, a cross-claim that is brought by the defendant against other defendants, and or a third-party claim that is brought by the defendants against parties that were not named in the complaint. Generally, if the complaint has been sworn to, verified, then the answer must be verified as well. The answer must also be signed by the defendant's lawyer or if self-represented by the defendant personally. The copy of the answer must be served on the plaintiff's lawyer or if self-represented on the plaintiff personally and upon all other parties. The exact specifics of service and filing are set out by the court in its rules and procedures. Unless an extension is provided by the plaintiff or the plaintiff's lawyer, the defendant must file and serve their answer or a notice of appearance followed thereafter by the answer within the stipulated time frame set out in the summons of complaint. The defendant's failure to file and serve the answer or the notice of appearance within the stipulated time frame allows the plaintiff to seek default judgment against the defendant. If a default judgment is awarded against the defendant, the defendant will be necessitated to bring a motion before the court to petition for its removal, which can be particularly difficult if the defendant excessively delays this process. And as with all pleadings and procedures, particular attention must be placed to the court before which the litigation has been brought and that court's specific rules and procedures. Thank you.
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