Answers

Were you properly served? Failed service Faulty service Right jurisdiction? Right court? So what?

How were you named? An individual A business A Doe? Answer in your own name using the following terminology: “served herein as Doe 17”

What is the Cause of Action? First step is to identify the Cause(s) of Action. Then determine if they are accurate and true. Next, are there any affirmative defenses?

Prayer, Request, or Relief What are they asking for? –Do you have it? –Do you want to give it? –Is it money? If so, reasonable amount? –Are you insured for this? –Anyone else share the fault or debt with you? Do you want to settle?

Mediation Can we make deal? If not, is there an arbitration clause? The Clause?

Need more time? Make a motion!

Default Doing nothing is a viable option… sometimes. When?

General Denial Admit nothing, Deny everything, Make counter accusations! What if complaint was verified?

Demurrer Your right… So what?

Admissions Any truth to it? –Admitting allegations Admitted Denied –Note: When complaint was verified, the paragraph numbers must correspond with those in the Answer.

…on information and belief Not sure? Deny on information and belief. –But don’t lie!

Form Answer Common kind of case? –Car accident –Personal Injury –Property damage –Wrongful Death –Contract

Pleading Style Answer More complex or less common situation?

Cross-Complaint Hit them back? Cross-Complaint / Answer to Cross- Complaint Third-Party Cross Complaints –Now the paper pile rises! Multiple parties and answers, etc… Have you served all the right people?

Next comes Discovery! Monday we will have a general overview of the Discovery process… And we will review for the midterm. –Home work for Monday: Catch up on Review questions for Chapters 3-10 if you are behind. Draft a pleading Answer to the Complaint you wrote in the earlier lab.