Your client has been sued, and the summons and complaint that initiated the lawsuit have landed on your desk. After considering and ruling out some of the possible next steps—a motion to dismiss, removal, and jurisdictional objections, to name a few—the task at hand is to file a strong and thorough answer to the complaint. Here are some guidelines and strategies for drafting an answer that will serve your client well as the case moves forward.
Calculate Time to Respond
The first thing to do upon receiving a summons and complaint is to note the date on which the client was served. In a New York state court case, the answer must be filed within 20 days of personal service of the complaint, or within 30 days of the time when service by any other means is effective. In federal court, in most cases, a defendant must respond within 21 days after service of the complaint. (Consult the applicable rules for guidance on how to obtain, if necessary, an extension of time to answer the complaint.)
