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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Mentioned in ?
References in periodicals archive ?
Within 30 days of the filing of either a responsive pleading or the issuance of a decision on an initial dispositive motion, the parties should be required to exchange formal discovery requests for the case.
With retirement on horizon, lawyer urges changes in system
Bank's default for failing to file a responsive pleading or otherwise appear in the case.
First pleading could identify law firm as nominal party
12(g)(2), (h) (A party waives the defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process by failing to raise them by motion or include them in a responsive pleading or in an amendment to pleadings allowed by the court; a party that makes a motion under Rule 12 must not make another motion under this rule raising a defense or objection that was available to a party but omitted from an earlier motion.); FLA.
Preserving Claims of Error in Florida Federal and State Civil Actions: Some Common Rules
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.
Legal Notices
This proposed amendment is intended to provide more certainty as to when a responsive pleading is due.
Amendments to the Civil Procedure Rules
- 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. If the pleading is a reply,...
Defendant's rights in criminal cases
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.
Second Circuit affirms $314 million default judgment against Sudan resulting from terrorist attack on U.S.S. Cole in the Port of Aden, Yemen; service through Sudanese Embassy in U.S. was proper
"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.
Knights to SC: Decide on Torre de Manila case
Alezeb Deli Grocery Inc., 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.
Stand and deliver: N.Y. court finds broker's failure to deliver suit to insurer as grounds for insured's relief from default judgment
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.
Was failure to timely give fresh frozen plasma, etc., cause of death?
Textual, policy, and practical considerations all support applying the plausibility standard to a defendant's responsive pleading. In practice, however, what plausibly pleading an affirmative defense actually means is a much more difficult question.
Plausibility beyond the complaint

Legal browser ?
Full browser ?