Answer to Complaint
(with Counterclaim) (Commercial Litigation)

Summary

This template is an answer containing affirmative defenses and a counterclaim that may be used by a defendant to respond to a complaint. This template contains practical guidance, drafting notes, and alternate clauses. An answer is a pleading and is filed in response to a complaint. Defendants must file an answer to a complaint if properly served with process and there is no basis to seek dismissal of the complaint. The answer contains the defendant's responses to the allegations contained in the complaint, the defendant's affirmative defenses to the plaintiff's claims, and any counterclaims, crossclaims, or third-party claims the defendant intends to bring in the subject action. This template includes a counterclaim against the plaintiff. Many jurisdictions require the defendant to serve an answer or response to a pleading within twenty (20) of days of being served with the complaint. However, court rules vary in different jurisdictions, so counsel should consult specific state court rules of procedure and statutes to determine the response deadlines and filing requirements in the relevant jurisdiction. It is critical to promptly determine the response deadline since a failure to timely file the answer may result in the entry of a default judgment against the defendant. Counsel should also review the applicable court's local rules to ascertain whether there are any specific provisions and/or requirements relating to answers and ensure that the answer fully complies with such rules. For example, certain courts may specify the font, spacing and/or line numbering required for pleadings while other courts require the use of specific forms or format. For additional guidance, see Answer to Complaint Checklist (Commercial Litigation), Commercial Dispute Avoidance and Management and Affirmative Defenses in Commercial Litigation Checklist. For additional materials related to commercial litigation, see Commercial Litigation Fundamentals Resource Kit.