Answering a Lawsuit in New York

April 4, 2023by Jeffrey Davis

When served with a lawsuit in New York, the defendant has a limited time to respond to the complaint by filing an answer with the court. Here are the general steps for answering a lawsuit in New York:

  1. Review the complaint: The defendant should carefully review the complaint to understand the claims being made against them and the relief being sought by the plaintiff.
  2. Determine the deadline: The defendant should determine the deadline for filing an answer, which is typically 20 or 30 days from the date of service, depending on the type of case and method of service.
  3. Prepare the answer: The defendant should prepare a written answer that responds to each allegation in the complaint, admitting or denying each allegation as appropriate. The answer should also raise any defenses or counterclaims that the defendant may have.
  4. File the answer: The defendant should file the answer with the court within the deadline, and serve a copy of the answer on the plaintiff’s attorney or the plaintiff if they are not represented by an attorney.
  5. Participate in discovery: After the answer is filed, the parties will engage in the discovery process, which involves exchanging information and evidence relevant to the case.
  6. Prepare for trial: If the case is not resolved through settlement or other means, the parties will prepare for trial, which may involve pre-trial motions, hearings, and other proceedings.

It is important to note that answering a lawsuit in New York can be complex and fact-specific, and that there may be other legal issues to consider depending on the specific circumstances of the case. Therefore, it is recommended to seek the advice of an attorney with experience in litigation and New York civil procedure to assist with responding to a lawsuit.