QUESTION
what is meant by defendant did not file a responsive pleading
Asked on Aug 07th, 2014 on Civil Litigation - Arizona
More details to this question:
we were denied a retrial in judicial court based on this.Background, my atty was not well almost fell over judge even asked him if he was ok? He replied new glasses. none the less he had a paralegal write a brief, but denied on above ruling. Told me in an e-mail just now said we can take it to superior ct. I called him 5pm AZ time said could not talk to me he was on a date in a restaurant. He has been brought up and is on probation I believe. Warnings on board site I should have listen too. Little background But question is above. Thank You
1 ANSWER
With slight variations depending on where the case is pending, a plaintiff files and serves a document, called a complaint, to start a case, which alleges that the defendant did something wrong and is liable to the plaintiff. The defendant is then required, generally within 20 days to a month, to serve a response to the complaint, called an answer. Both the complaint and answer are types of pleadings. In the answer, which is a responsive pleading because it responds to the complaint, the defendant admits or denies each of the allegations in the complaint, or says that he/she/it doesn't know if a particular allegation is true. The answer also contains affirmative defenses (affirmative defenses negate liability even if the allegations of the complaint are true, such as a defense that the claims are barred by the statute of limitations; defendants have the burden of proving affirmative defenses.) A defendant may also assert counterclaims in the answer. If a defendant doesn't file a responsive pleading, however, he/she/it may lose the case on default.
Answered on Aug 08th, 2014 at 1:26 PM