Responsive Pleading

Responsive Pleading

A formal declaration by a party in reply to a prior declaration by an opponent.

Before a lawsuit goes to trial, each party makes a series of formal written declarations to the court. These declarations are called pleadings. Generally, they consist of factual claims, allegations, and legal defenses; the parties assert their respective versions of what happened and how they want the court to rule. Typically, this involves the plaintiff filing a complaint and the defendant responding with an answer. This process can occur several times, depending on the complexity of the case. For example, a party may amend its pleadings, which in turn allows the opposing party to answer the amended Pleading. When the answers respond to the factual assertions of an opponent's prior pleading, for example, by denying them, they are called responsive pleadings. This process is also known as joining issue.

The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party. By contrast, parties may choose to ignore the substance of an opponent's pleading and ask the court to dismiss the lawsuit on some other grounds, such as the court's lack of jurisdiction over the suit.

References in periodicals archive ?
You are also notified that you must appear and defend by filing your Answer or other responsive pleading within thirty (30) days of the date of the first publication ol this Warning Order; and in the event of your failure to do so, judgment by default wilt be entered against you for the relief demanded in the Petition for Declaratory Judgment as circumscribed by the laws ol the State of Arkansas.
Just like a defendant can argue that a plaintiff fails to state a cause of action in an initial motion to dismiss or responsive pleading, (32) a plaintiff may argue that an affirmative defense fails to state a legally cognizable defense.
This proposed amendment is intended to provide more certainty as to when a responsive pleading is due.
The State Has Not Yet Filed A Response To The Petition, Having Obtained An Extension Of Time To October 23, 2015 To File A Responsive Pleading In Order To Engage Special Legal Counsel.
Before responding to a pleading, a party may move for a more definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading.
Sudan failed to serve an answer or other responsive pleading within sixty days after plaintiffs' service, and the Clerk of Court entered a default against Sudan.
If the Honorable Court takes longer to decide on the petition, the subject matter thereof would have become moot and academic without the respondent (DMCI) even having to file a responsive pleading or anything at all," it added.
granted the defendant 2024 Second Avenue LLC's motion to vacate the default judgment entered against the defendant because the defendant's insurance agent or broker delayed forwarding the summons and complaint to the insurer for so long that a responsive pleading was not timely filed and default was entered.
ONCE A RESPONSIVE PLEADING HAS BEEN SERVED, A PARTY MAY AMEND A PLEADING ONLY UPON WRITTEN CONSENT FROM THE OPPOSING PARTY OR LEAVE OF THE COURT.
Textual, policy, and practical considerations all support applying the plausibility standard to a defendant's responsive pleading.
68) It is possible for a complaint to be sufficient for the purpose of framing a responsive pleading and yet fail to state a claim upon which relief can be granted.
This motion, typically filed before a defendant's first responsive pleading, amounts to an assertion by the defendant that even if all the facts alleged by the plaintiff are true, those facts would nevertheless not subject the defendant to legal liability.