What does it mean to answer a summons?
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. The Code of Civil Procedure section 431.30(b)
What happens if defendant does not respond?
If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.
How does being served Work?
The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. The server signs the Proof of Service and returns it to you to file in court. Service by mail is complete 5 days after the papers are mailed.
How is a statement of Claim served?
The Statement of Claim can then be served by registered mail or by personal delivery to the registered office of the Defendant corporation. This Court Order allows the Plaintiff to serve the Statement of Claim by a manner other than personal service on the Defendants.
What happens after I file an answer with the court?
After you file an answer with the court The court clerk will give or mail you a court date for you and the plaintiff to come back to court. This will probably be for a Case Management Conference or a Pre-Trial Hearing. If you do not get a date 30 days after you have filed your answer, call the clerk’s office at your court.
Can a plaintiff file a reply to an answer?
In the federal courts, if the defendant does not plead a counterclaim, plaintiffs may only file a “reply to an answer” with the court’s permission. See the Federal Rules of Civil Procedure. See also the federal courts’ website for sample complaints.
Can a defendant file a reply to a counterclaim?
The form and content of an “answer to a counterclaim” is similar to that of an answer. In the federal courts, if the defendant does not plead a counterclaim, plaintiffs may only file a “reply to an answer” with the court’s permission. See the Federal Rules of Civil Procedure.
What is the next step after defendant answer in a civil lawsuit?
It is really difficult to determine what your next step is in prosecuting your lawsuit. There is no one path getting your case resolved in court. It may require a trial by judge or jury; a summary judgment may be proper; or mediation may be desired or ordered.