What Is an Answer in Civil Litigation? (California and Federal Courts Explained)

Receiving a lawsuit—or any claim in a legal dispute—is stressful, and what you do next matters. In both California and federal courts, your “answer” is the official document used to respond to a complaint or similar claim filed against you. Filing it correctly and on time is essential for protecting your rights and defending yourself in court.

Who Responds to a Claim?

At the start of a lawsuit, the person responding is usually called the defendant. But litigation can become more complicated—defendants can file their own claims, called counterclaims (federal court) or cross-complaints (California), and sometimes even crossclaims (federal) against co-defendants. No matter your party label, if you’ve been served with a complaint, cross-complaint, counterclaim, or crossclaim, you must file an “answer.”

When Must You File an Answer?

• California courts: You typically have 30 days after being served to file your answer (Cal. Civ. Proc. Code § 430.40(a)). The parties can sometimes agree to a brief extension.

• Federal courts: Your answer is due 21 days after service (Fed. R. Civ. P. 12(a)), or up to 60 days if you waive formal service.

Missing the deadline for your answer can lead to a default judgment, meaning the other party could win automatically without further litigation.

What Does an Answer Include?

An answer is your chance to respond to each allegation made against you. In California, a general denial—a simple statement denying all allegations except those you specifically admit—is widely permitted as long as the complaint is not verified (not sworn). This is true in both limited and unlimited civil cases. If the complaint is verified, however, you must respond to each allegation specifically—admit, deny, or say you lack sufficient information.

In federal court, you must respond to each allegation in the complaint—admit, deny, or claim insufficient knowledge—according to Fed. R. Civ. P. 8(b). A general denial is allowed only if you intend in good faith to contest all allegations.

Affirmative Defenses:

Always include affirmative defenses—legal arguments that may bar or limit liability (“statute of limitations,” “lack of jurisdiction,” “improper service,” “settlement,” and others). These must be stated in your answer, or you may lose the right to use them later.

Filing Counterclaims and Cross-Complaints

If you have your own related claims against another party, most courts require you to file them at the same time as your answer. In California, this means filing a cross-complaint; in federal court, bringing a counterclaim (against the original claimant) or crossclaim (against a co-defendant). The party responding to your new claim will then file their own answer according to the same rules described above.

Filing and Serving Your Answer

After preparing your answer, you must:

• Serve a copy on every opposing party (or their attorneys).

• File the original answer and proof of service with the court.

Many courts have official forms for answers—using these can make the process easier and help you avoid basic errors. Carefully follow any instructions on the court’s website.

What Happens Next?

Once your answer is filed, you officially join the case and can participate in discovery (the exchange of evidence), motion practice, settlement negotiations, or trial. You will receive further court notices and deadlines, so stay organized and respond promptly.

Tips for Responding to a Lawsuit

• Mark your deadlines as soon as you’re served; courts rarely grant second chances.

• Understand whether a general denial is permitted—check if the complaint is verified.

• Respond to all claims and parties, including cross-complaints and counterclaims.

• State every possible defense (“affirmative defense”) in your answer.

• Check if you must complete other steps first; for example, mediation or demand letters may be required in certain cases.

• Use official forms and follow court instructions carefully.

• Consider consulting a litigation attorney—especially if your case is complex or high stakes.

Conclusion

An answer is your first line of defense in civil litigation. Whether you’re responding to a complaint, cross-complaint, or counterclaim, timely and complete answers are critical for protecting your interests. If you’re unsure or facing complicated claims, a qualified attorney (like myself) can guide you through the process and help maximize your chances for a successful outcome.