Answer

When the answer is used

Timing: after the defendant is served. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A defendant must serve an answer within 21 days after being served with the summons and complaint, or within the waiver period if service was waived (Rule 12(a)(1)(A)).
• Rule 8(b) requires the defendant to state defenses in short and plain terms and to admit or deny each allegation.
• Affirmative defenses must be stated in the answer (Rule 8(c)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 8(b), 12(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The answer in state court

This page covers the federal version. In state court, the answer may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Defendant: the person or entity a lawsuit is brought against.
• Pleading: a formal written statement of a party's claims or defenses. Under Federal Rule of Civil Procedure 7(a), the pleadings are the complaint, the answer, and certain other listed documents. Motions are not pleadings.
• Answer: the defendant's pleading responding to the complaint, admitting or denying each allegation and stating defenses.

Related procedures

Similarly, these procedures often come up alongside it:

• Complaint: the pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.
• Counterclaim: a claim a defending party asserts against the opposing party.
• Crossclaim: a claim by one party against a coparty — for example, one defendant against another defendant.
• Entry of Default and Default Judgment: the two-step procedure that applies when a party against whom relief is sought has failed to plead or otherwise defend.
• Affirmative Defenses: defenses that defeat or reduce a claim even if the plaintiff's allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res judicata, release, payment and waiver.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.