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Home » Law Dictionary » A » ANSWER

ANSWER

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Also called a response. Most frequently, this is a defendant’s written response to allegations made in a plaintiff’s complaint or petition (the first court filing to start the case). An answer typically denies some or all of the facts and allegations made by the plaintiff in the complaint. The answer may also make allegations and a complaint of its own against the plaintiff, reversing the roles of the parties and making the defendant a plaintiff against the original plaintiff who must defend these allegations (called a counterclaims.) In most instance, a defendant has 30 days to file an answer after being served with the complaint.

Law Dictionary – Alternative Legal Definition

In pleading. Any pleading Betting up matters of fact by way of defense. In chancery pleading, the term denotes a defense in writing, made by a defendant to the allegations contained in a bill or information filed by the plaintiff against him. In pleading, under the Codes of Civil Procedure, the answer is the formal written statement made by a defendant setting forth the grounds of his defense; corresponding to what, in actions under the common law practice, is called the “plea.” In Massachusetts, the term denotes the statement of the matter intended to be relied upon by the defendant in avoidance of the plaintiff’s action, taking the place of special pleas in bar, and the general issue, except in real and mixed actions. Pub. St. Mass. 1882, p. 1287. In matrimonial suits in the (English) probate, divorce, and admiralty division, an answer is the pleading by which the respondent puts forward his defense to the petition. Browne, Div. 223. Under the old admiralty practice in England, the defendant’s first pleading was called his “answer.” Williams & B. Adm. Jur. 246. In practice. A reply to interrogatories; an affidavit in answer to interrogatories. The declaration of a fact by a witness after a question has been put, asking for it. As a verb, the word denotes an assumption of liability, as to “answer” for the debt or default of another. Voluntary answer, in the practice of the court of chancery, was an answer put in by a defendant, when the plaintiff had filed no interrogatories which required to be answered. Hunt, Eq.

Related Posts:

  • AFFIRMATIVE PLEADING
  • RESPONSE
  • PLEADINGS
  • REPLY
  • CROSS-COMPLAINT
  • COMPLAINT

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