responsive pleading

Responsive pleading is a lawsuit or court case that refers to a pleading directly responding to the opposing party’s claim or complaint. Responsive pleadings are different from other responses that typically include motions to dismiss or reject the opponent’s claim based on procedural issues. Instead, responsive pleadings focus on the substantive issues by directly addressing the allegations of the opposing party through denials, admissions, or defenses for each point of the opponent’s complaint. 

A common type of responsive pleading is an answer. For example, a person files a suit against his former employer for wrongful termination by alleging retaliation and citing several of the employer’s actions. The former employer answers the complaint through responsive pleading by directly denying the retaliation allegation and/or providing defenses for each action listed in the complaint.

See: Federal Rules of Civil Procedure > TITLE III. PLEADINGS AND MOTIONS > Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Electronic Code of Federal Regulations (e-CFR) >Title 28—Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 76—RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES > § 76.9 Responsive pleading - answer

[Last reviewed in September of 2024 by the Wex Definitions Team]

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