This pamphlet provides an overview of how to file an answer to a complaint. Topics covered include what an answer consists of, including defenses, counterclaims, and cross-claims that may be included, and how to file the answer in court.
Louisiana USLegal Pamphlet on How to Answer a Complaint
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Legal writing is an ongoing journey The writing process is complex and extends beyond just putting words to paper. Researching, writing, and editing are all important skills for good legal writing. The more you practice writing, the easier it gets and the better your work will be over time.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
Louisiana Code of Civil Procedure Art. 1001 now provides that a defendant shall file an answer twenty-one days after service of a citation (previously fifteen days).
A reply should specifically include concise statements of fact and basic legal arguments in response to the new points raised in the statement of defence.
Your response should cover every paragraph in the complaint and whether you admit or deny each point raised. If you can't remember whether part of the complaint is correct, it may be safer to deny it and avoid relying on your memory. For each point that you admit or deny, include a brief reason why.
Answering the Claims for Relief On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
What's the standard legal memo format? Heading or caption. ... Question presented. ... Brief answer. ... Statement of facts. ... Discussion. ... Conclusion.
Your options are: negotiate with the plaintiff. agree to pay the entire debt. agree to pay the debt in instalments. file a defence (asserting that you deny the entire claim or part of the claim) file a statement of cross-claim (asserting that you have a counter-claim against the plaintiff or a third party.
