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Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.
A summons is a written notice, which usually is accompanied by the complaint, notifying the defendant and the court that the complaint has been served on all relevant parties and listing the date of the first court appearance for the lawsuit.
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
When the plaintiff files the complaint with the court, the court issues a summons, which instructs the defendant to answer the complaint within a specific time dictated by the rules in the court where the complaint was filed.The defendant generally must either answer the complaint, or move to dismiss the complaint.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
The Answer. The defendant's response to a complaint is called the answer. The answer contains the defendant's version of the events leading to the lawsuit and may be based on the contents of the complaint. The filing of the answer is one option that the defendant has in deciding how to respond to the complaint.
In Civil Law, a complaint is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
You can file an answer to respond to the plaintiff's Complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.