How do you respond to a civil summons?

Answer 1

Strictly speaking, it is not the summons that gets answered, but the complaint (or "petition" as it is sometimes called) that gets answered. The summons is a document that directs service (delivery) upon the defendant and specifies that an answer is due and when.

In general, the complaint is required to set forth a short and plain statement of the facts and the relief requested. It is generally laid out in numbered paragraphs, thereby making it fairly easy to follow.

The best way to answer the complaint is by following its format and specifically admitting or denying the allegations of each paragraph. If there is a mixture within one paragraph of facts that you wish to admit and those that you wish to deny, you can either deny all of the allegations of the paragraph (because not all of it is true), or separate out the true from the false and specifically admit what you wish to admit and deny what you wish to deny.

As an alternative, you can file a "general denial", which is a denial of all allegations. It may be intellectually dishonest to do so if some of the allegations are, in fact, correct. By doing this, you are requiring the Plaintiff to provide all allegations of the complaint (even those pertaining to your status as a person/entity subject to suit). Doing this may incur the wrath of the court (because doubtless there are some allegations that are actually true), or get off on the wrong foot with the Plaintiff or its attorney, so proceed with caution.

The answer should also contain any affirmative defenses that you may have to the cause(s) of action alleged in the complaint. An affirmative defense may be thought of as an avoidance of the cause of action, rather than an outright denial of the facts. For example, if the lawsuit were predicated upon an auto collision, an affirmative defense may be comparative or contributory negligence (depending upon the jurisdiction) on the part of the Plaintiff.

When the complaint is answered, you should, and sometimes must, assert any counterclaim that you have. A "compulsory counterclaim" is a claim back against the Plaintiff that arises from the same transaction or occurrence as the Plaintiff's claim against you. Generally, this must be asserted with the answer or else it is waived. A "permissive counterclaim" is one against the Plaintiff that arises from a separate set of circumstances. It may be asserted as a counterclaim, or brought as a separate suit before the expiration of the statute of limitations for it.

The original answer has to be filed with the Clerk of the court in which the case is pending, with a copy mailed to the Plaintiff or to his/her/its attorney.

All states have rules of civil procedure which dictate the precise procedures that must be followed, and you are therefore cautioned to consult applicable rules and/or to get legal advice. Nothing in this answer is intended to, nor may it be construed as legal advice.

Answer 2

There are a variety of hearings that will occur prior to a trial, including the settlement conference and status conference. If no summary judgment is awarded, and you cannot settle with the plaintiff, the case will eventually proceed to a trial.

Answer 3

As a defendant you have to come up with your Plea in your response to a civil summons.

But in general, defendant may not be in a position to directly come up with Plea due to some clarifications required on the summons. In this case, defendant can demand the clarfications from plaintiff.

Answer 4

It would probably be to your benefit not to ignore it. If you are the respondant and don't show up, the case could be found against you, in absentia. If summoned in a civil case, unless you are the plaintiff or the respondant, you will receive a witness fee from one side or the other.

Answer 5

The period for discovery begins.