Answer

Wex

Definition

A defendant's first pleading in a case, which addresses the dispute on the merits and presents any defenses and counterclaims. A typical answer denies most of the plaintiff's allegations and claims complete defenses to allegations that are not denied.

Overview

After receiving a plaintiff's complaint, a defendant must respond with a pleading called an answer. In the answer, the defendant must address each allegation in the complaint. Some jurisdictions allow defendants to make a general denial of all allegations in the complaint. The defendant may also raise counterclaims or affirmative defenses.

If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer. In the federal courts, if the defendant does not plead a counterclaim, plaintiffs may only file a "reply to an answer" with the court's permission. See the Federal Rules of Civil Procedure. See also the federal courts' website for sample complaints.

See Civil Procedure.

Definition from Nolo’s Plain-English Law Dictionary

A defendant's written response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts asserted by the complaint, and sometimes seeks to turn the tables on the plaintiff by making allegations or charges against the plaintiff (called counterclaims) or providing justification for the defendant's behavior (called affirmative defenses). Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is called a "response."

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:11 pm

Random County Circuit Court

Random County, State of Unicornia

Fictional Victim, an Individual, Plaintiff

v.

Angry Neighbor, an Individual, Defendant

Defendant's Answer to Complaint for Trespass to Land

Angry Neighbor hereby answers and asserts an affirmative defense to the Complaint of Plaintiff Fictional Victim.

General Denial

Unless specifically admitted below, Defendant denies each and every allegation contained in the Complaint.

Preliminary Statement

1. Defendant denies the allegations in paragraph 1 of the Complaint.

2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2 of the Complaint and on that basis denies these allegations.

3. Defendant states that paragraph 3 contains conclusions of law and not factual allegations to which an answer is required.

Jurisdiction and Venue

4. Defendant states that paragraph 4 contains conclusions of law and not factual allegations to which an answer is required.

5. Defendant admits the factual allegations in paragraph 5. Other statements in paragraph 5 are conclusions of law and not factual allegations to which an answer is required.

General Allegations

6. Defendant admits the factual allegations in paragraph 6.

7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 7 of the Complaint and on that basis denies these allegations.

8. Defendant denies the factual allegations in paragraph 8.

9. Defendant denies the factual allegations in paragraph 9.

10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 10 of the Complaint and on that basis denies these allegations.

11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations regarding Plaintiff's behavior in paragraph 11 of the Complaint and on that basis denies these allegations. Defendant denies all other allegations in paragraph 11.

12. Defendant denies the allegations in paragraph 12.

13. Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation.

COUNT 1 - TRESPASS TO LAND

14. Defendant re-alleges and incorporates by reference paragraphs 6 through 13 of this Answer as if fully set forth herein.

15. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2 of the Complaint and on that basis denies these allegations.

16. Defendant denies the allegations in paragraph 16.

RESPONSE TO PLAINTIFF'S PRAYER FOR RELIEF

17. Defendant denies that Plaintiff is entitled to any compensatory relief from Defendant in this action, either as prayed for in the Complaint or otherwise.

18. Defendant denies that Plaintiff is entitled to any injunctive relief from Defendant in this action, either as prayed for in the Complaint or otherwise.

19. Defendant denies that Plaintiff is entitled to any relief whatsoever from Defendant in this action, either as prayed for in the Complaint or otherwise.

AFFIRMATIVE DEFENSE 1

20. Defendant did not intentionally walk onto Plaintiff's land on or around June 19, 2008.

21. Defendant states that on or around June 19, 2008, he was pushed against his will by an unknown person as he walked from his front door to his car.

22. Defendant is without knowledge or information as to the possibility of any unintentional physical entry onto Plaintiff's land as a result of the physical force used against Defendant by the unknown person described in paragraph 21 above.

DEFENDANT'S PRAYER FOR RELIEF

WHEREFORE, Defendant prays for Judgment and Relief as follows:

23. Entering judgment against Plaintiff in favor of Defendant with respect to Plaintiff's Complaint and Defendant's Affirmative Defense.

24. Denying all remedies sought by Plaintiff in the Complaint.

25. Dismissing the Complaint with prejudice.

26. Awarding Defendant any further relief as the Court may deem just and proper.

Dated: September 27, 2009

Random County, UNICORNIA State

Respectfully Submitted By,

Honest Advocate,

Counsel for the Defendant