A civil suit begins with the plaintiff filing a summons and claim, which are served to the defendant. The defendant must respond within a specified time or risk a default judgment. The complaint must include all reasons for the lawsuit and the remedy sought. The response must address each allegation and assert any affirmative defenses. Jurisdictions differ on methods of service.
In most jurisdictions, a civil suit begins by the plaintiff, or the person bringing the suit, filing a summons and claim in the appropriate court. Both the writ and the claim are then served on the defendant by an approved method of service. The defendant must then respond to the summons and the complaint or risk a default judgment against him or her. The response must be written and filed with the court and the defendant within the statutory time limit set out in the writ of summons. The response must address each allegation in the complaint and must contain any affirmative defenses.
A complaint is the legal document prepared and filed by a plaintiff setting forth the allegations that form the basis of the lawsuit against the defendant. The rules may vary between jurisdictions, but, in most cases, the complaint must include all the reasons on which the lawsuit is based, as well as basic general information. The complaint must also tell the court what remedy the plaintiff is seeking, such as a monetary judgment, divorce decree, or paternity determination.
The summons is a document drawn up together with the complaint. The writ informs the defendant that a lawsuit has been filed, how long the defendant must respond to the complaint, and when the defendant must appear in court, if a trial date has been set. The writ and the complaint are then served on the defendant. Jurisdictions differ as to the permitted methods of service; however, most courts allow service by a civil sheriff or court server, service by registered or certified mail, or service by publication if the whereabouts of the defendant are unknown.
The defendant must file an official response with the court within a specified period of time. Failure to file a response may allow the plaintiff to ask the court for a default judgment. If the court grants the default application, the defendant loses the case without the possibility of defending himself and the plaintiff can receive any relief that he requested in the complaint.
The response to the summons and the complaint must address each individual objection contained in the complaint. The answers need not be specific in most jurisdictions. In the United States, most jurisdictions only require a response of “agree with,” “deny,” or “lacks sufficient information upon which to form a response,” or something similar. In addition to responding to the allegations contained in the complaint, a response must assert any affirmative defenses that the defendant has to the allegations. The response must then be filed with the court and a copy served on the plaintiff.
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