Revised: December 2018
Federal Pro Se Clinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012
Open on most Mondays, Wednesdays, and Fridays. By appointment only.
THE FEDERAL PRO SE CLINIC IS A PROJECT OF PUBLIC COUNSEL, A NON-PROFIT PUBLIC INTEREST LAW FIRM.
1
Guide Prepared by Public Counsel.
© 2010, 2018 Public Counsel. All rights reserved.
Federal Pro Se Clinic
CENTRAL DISTRICT OF CALIFORNIA: WESTERN DIVISION
How to Answer the Complaint
What is an Answer?
An answer is your written response to the allegations made in the Plaintiff’s complaint. An
answer is one of several documents you can file with the court to respond to a complaint. Please refer
to Public Counsel’s guide titled “What Do I Do if I Have Been Sued” for more information about other
ways to respond to the complaint.
This guide will help you file an answer by addressing:
When is your answer due?
What should you include in your answer?
How do you file and serve your answer?
When is Your Answer Due?
Generally, if you decide to respond to the complaint by filing an answer, you must answer within
21 calendar days after you were served with the summons and the complaint. Saturdays, Sundays and
federal holidays are counted as part of the 21-day period. If the last day of the 21-day period falls on a
Saturday, Sunday, or federal holiday, your answer will be due on the next day that is not a Saturday,
Sunday, or federal holiday. Remember, this is only a general rule. Please consult an attorney for help in
determining your precise deadline.
If you need more time to answer the complaint, you may request an extension of no more than
30 days from the date your response was originally due. Refer to Local Rule 8.3 for more information.
What Should Your Answer Include?
1. A brief introductory statement;
2. A response to each paragraph of the complaint;
3. Any affirmative defenses and counter-claims you wish to raise;
4. A “request for Relief; and
5. A “request for a Jury Trial: if you want a jury trial.
1. Provide a Brief Introductory Statement
Briefly tell the court and the plaintiff you are the person answering the complaint by including a
a short statement like: “Defendant hereby answers Plaintiff’s complaint as follows:”
Revised: December 2018
Federal Pro Se Clinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012
Open on most Mondays, Wednesdays, and Fridays. By appointment only.
THE FEDERAL PRO SE CLINIC IS A PROJECT OF PUBLIC COUNSEL, A NON-PROFIT PUBLIC INTEREST LAW FIRM.
2
Guide Prepared by Public Counsel.
© 2010, 2018 Public Counsel. All rights reserved.
1 John Smith
2 jsmith@yahoo.com
3 6342 Sycamore Street
4 Los Angeles, CA 90017
5 Defendant in Pro Per
6
7
8 United States District Court
9 Central District of California
10
11 AMY DOE, ) Case No:CV00-00
12 Plaintiff, )
13 vs. ) ANSWER
14 JOHN SMITH, )
15 Defendant. ) JURY TRIAL DEMAND
16 ) X Yes □ NO
17
18 Defendant hereby answers Plaintiff’s complaint
19 as follows.
20
21 ANSWER TO COMPLAINT
22
23 1. Defendant denies each and every allegation
24 contained in paragraph 1.
25
26 2. Defendant admits she was employed by X
27 Corporation in 2010, but denies each and every
28 remaining allegation contained in paragraph 2.
1”
8.5”
11”
1”
Answer 1
2. Respond to Each Numbered Paragraph
You should begin to write your answer by carefully reading the entire complaint. A complaint is
made up of numbered paragraphs. Read each numbered paragraph of the complaint and make a note
whether the allegations in the paragraph are true or false. When you are ready to draft your answer,
carefully number the paragraphs in your answer exactly as the plaintiff has numbered the paragraphs in
his or her complaint.
The following are some possible ways to answer a particular paragraph:
• If the allegations in the paragraph are true, write:
Defendant admits each and every allegation contained in
paragraph 1 of the complaint.
• If the allegations in the paragraph are not true, write:
Defendant denies each and every allegation contained in
paragraph 2 of the complaint.
• If the paragraph contains some allegations that are true
and other allegations that are not, specify in your answer
which parts of the paragraph are true and which are not.
For example, assume paragraph 3 of the complaint states:
“Defendant is resident of Los Angeles, California.
Defendant sold Plaintiff’s products without a license and
obtained direct financial gain from infringing on Plaintiff’s
trademark.” If only the first sentence of the paragraph is
true, write:
Defendant admits that she is a resident of Los Angeles,
California, due denies each and every remaining allegation
Contained in paragraph 3.
• If you don’t know whether the allegations in the paragraph are true or false, write:
Defendant is without knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in paragraph 4 and therefore denies them.
Revised: December 2018
Federal Pro Se Clinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012
Open on most Mondays, Wednesdays, and Fridays. By appointment only.
THE FEDERAL PRO SE CLINIC IS A PROJECT OF PUBLIC COUNSEL, A NON-PROFIT PUBLIC INTEREST LAW FIRM.
3
Guide Prepared by Public Counsel.
© 2010, 2018 Public Counsel. All rights reserved.
1 AFFIRMATIVE DEFENSES
2 Defendant hereby asserts the following
3 affirmative defenses:
4
5 First Affirmative Defense
6 Plaintiff’s complaint is barred by the applicable
7 statute of limitations.
8
9 Second Affirmative Defense
10 Plaintiff’s barred from recovery because Plaintiff
11 failed to mitigate and lessen damages, if any were
12 sustained.
13
14 REQUEST FOR RELIEF
15
16 Wherefore, Defendant prays as follows:
17
18 1. For dismissal of the Plaintiff’s action
19 with prejudice.
20
21 2. For an order that Plaintiff shall take no
22 relief from the complaint;
23
24 3. For costs of the suit, herein; and
25
26 4. For such further relief the Court deems fair.
27
28 Dated Month, Day, Year (Sign Here)
By: John Smith_____
Defendant in Pro Per
1”
8.5”
11”
1”
Answer 2
3. Raise Your Affirmative Defenses and Counterclaims
A. Affirmative Defenses
An affirmative defense gives the court a reason why you should not be held liable for
the claims made by the plaintiff in the complaint. If you do not include these defenses in your answer,
you will lose the opportunity to raise them later in the case. A list of affirmative defenses may be found
in Federal Rule of Civil Procedure 8(c).
You may not have any affirmative defenses; however, if you are unsure whether you have any
affirmative defenses, you are strongly encouraged to consult with an attorney as this is a complicated
area of law.
B. Counterclaims
In addition to answering the complaint, you may have your own claims against the plaintiff.
These claims are called “counterclaims.” If your counterclaims arise out of the same events or facts of
those stated in the plaintiff’s complaint, then you must raise them at the time you file your answer or
you could lose your right to ever make those claims.
Because raising counterclaims can be complicated, you are strongly encouraged to consult an
attorney and look at the Federal Rule of Civil Procedure 13 for more information about counterclaims.
Example 1
If you believe that the plaintiff has run out of time under
the law to bring a claim, state the following affirmative
defense:
Plaintiff’s claim is barred by the
Applicable statute of limitations.
Example 2
If you believe that the suffered damages but failed
to prevent them, state the following affirmative defense:
Plaintiff is barred from recovery because
Plaintiff failed to mitigate and lessen damages, if any were
sustained.
Revised: December 2018
Federal Pro Se Clinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012
Open on most Mondays, Wednesdays, and Fridays. By appointment only.
THE FEDERAL PRO SE CLINIC IS A PROJECT OF PUBLIC COUNSEL, A NON-PROFIT PUBLIC INTEREST LAW FIRM.
4
Guide Prepared by Public Counsel.
© 2010, 2018 Public Counsel. All rights reserved.
4. Request Relief
Your answer should also include a section titled “Request for Relief.” In this section, write what you
would like the court to do about your situation. List each request for relief under a different paragraph
with a different number. If you have included any counter-claims, you should ask the court to grant
them in this section. See the sample answer included with this guide for an example of what your
“Request for Relief” should look like.
5. Tell the Court if You Would Like to Have a Jury Trial
If you do not want a jury trial, skip this part. If you do want a jury trial, you should request it at
the end of your answer. Otherwise, you may give up your right to a jury trial. If you wish to request a
jury trial, write: “Defendant hereby requests a jury trial on all issues raised in the complaint.” You must
also include this request in the title caption of your answer.
The Certificate and Notice of Interested Parties – Form CV-030
In addition to your answer, you must file a certificate and notice of interested parties, Form CV-
030. You must file form CV-030 at the same time you file your answer. You can find form CV-030 in the
court’s Civil Intake Division (Suite 180) of you can download it from the court’s website:
www.cacd.uscourts.gov/CACD/forms.nsf. On the form, you must list anyone who may have a direct
interest in the outcome of your case, including yourself, other parties and any insurance companies that
may have to pay all or part of a court judgment.
How Do You File and Serve Your Answer and Certificate of Notice of Interested Parties?
When you have completed your answer and certificate and notice of interested parties, you
must file them with the Civil Intake Division of the courthouse in which the judge assigned to your case
is located. The Civil Intake Division requires 1 original and 2 copies of each document you wish to file.
In addition, send 1 copy of each document to the opposing counsel (or unrepresented party) by
mail on the same day you file. When you file your answer, you must include a proof of service. In this
document, you or someone else will swear to the Court that you have mailed a copy of the answer to
the opposing counsel (or unrepresented party).
You may file your answer, certificate and notice of interested parties, and proof of service with
the Court in person or by mail. If you mail your answer or certificate and notice of interested parties, be
aware the court will mark your document “filed” on the date it is received by the court, not on the date
you put it in the mail.
Revised: December 2018
Federal Pro Se Clinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012
Open on most Mondays, Wednesdays, and Fridays. By appointment only.
THE FEDERAL PRO SE CLINIC IS A PROJECT OF PUBLIC COUNSEL, A NON-PROFIT PUBLIC INTEREST LAW FIRM.
5
Guide Prepared by Public Counsel.
© 2010, 2018 Public Counsel. All rights reserved.
THE ANSWER CHECKLIST
□ Answer:
□ 1 Original + 2 Copies for filing with the court
□ Additional copies for service on plaintiff(s).
□ Certificate and Notice of Interested Parties
□ 1 Original + 2 Copies for filing with the court
□ Additional copies for service on plaintiff(s).
□ Certificate of Service
The addresses for the Civil Intake Division for the Central District of California courthouses are as
follows:
LOS ANGELES SANTA ANA RIVERSIDE
United States Courthouse United States Courthouse United States Courthouse
Central District of California Central District of California Central District of California
255 East Temple St., TS-134 Southern Division Eastern District
Los Angeles, CA 90012 411 West Fourth St., Ste. 1053 3470 Twelfth St., Rm. 134
Santa Ana, CA 92701-4516 Riverside, CA 92501
Useful Links
To defend a case in federal court, you must be familiar with the Federal Rules of Civil Procedure and the
Local Rules of the court. You may find a copy of each at the following websites:
Federal Rules of Civil Procedure:
http://www.uscourts.gov/file/rules-civil-procedure
Local Rules of the Central District of California:
http://www.cacd.uscourts.gov/court-procedures/Local-rules