Rev. 04/25/19

ADVERSARY
ANSWERS, CROSS-CLAIMS/COUNTER CLAIMS, THIRD-PARTY CLAIMS

Overview:

Answer - The formal written statement filed by the defendant(s) responding to the complaint setting forth any defenses and objections to the claims by the plaintiff.  The defendant(s) are required to file an answer within 30 days (35 for government agencies) unless a different date is set by the court.  Failure to answer the complaint timely may result in a default judgment being entered against the defendant(s). 

The answer may also contain a cross-claim, in which the defendant makes a claim against another named defendant.  The answer may also contain a third-party claim, in which the defendant brings in third parties to the action that may be liable to the defendant in the event the defendant is liable to the plaintiff.  The third-party claim should be handled the same as the complaint.

The defendant must serve their answer on the:

D, DA, Plaintiff, Plaintiff’s Counsel, T, UST, and Parties

Lack of Prosecution - An adversary complaint may be dismissed if neither a response nor a motion for default judgment has been filed within 45 days after the response date to the complaint (LBR 7055-1).  A 30 day notice will be given by the clerk to each party whose claim is to be dismissed and to the counsel of record, if any.

Codes, Rules and Forms:

CM/ECF Event(s):

Answers, Answer
Complaint, Third-Party Complaint