How to Answer a Lawsuit by Attorney Steve®

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HOW TO ANSWER A LAWSUIT

In this exciting video, Attorney Steve® IP and copyright attorney discuss an important litigation tip on answering a civil court lawsuit. In the federal courts, this is governed by FRCP Rule 8. Check your state rules. Typically, in a federal case, you will have 21 days to respond with either a Motion to Dismiss under Rule (12(b) or by filing an answer, affirmative defenses, and counterclaims, if any.

In state court, typically, you have 30 days to respond. If you agree to a waiver of service of summons, you may get 60 days to respond. Again, this is not legal advice; check your local rules. If you fail to admit or deny within the timeframes (including any extension the opposing party may give you), then the Plaintiff can enter your default and seek damages, and you may have waived your chance to respond or raise any affirmative defenses (such as laches, fair use, license, fraud, illegality, the statute of limitations, statute of frauds or other defenses.

Attorney Steve® Tips (Video resources):

To see my massive list of potential affirmative defenses, watch this video: https://www.vondranlegal.com/affirmative-defenses-checklist

To learn more about default and default judgment, watch this video: https://youtu.be/LNsyo8Lpods

To learn more about what a complaint is, watch this video: https://youtu.be/eLmFe5ZN5rA

To learn more about waiver of service of summons: https://youtu.be/CDjf1_GYO_o

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