Rule 8(b): Either have to admit or deny factual allegations or can deny on basis of not knowing.
- That which is not denied is admitted.
- Denials shall fairly meet the substance of the averments denied. Must engage allegations to indicate what part you agree and what part you do not.
- When party intends to deny only part, pleader shall specify only part that is true and shall deny remainder.
- An answer under Rule 8(b) must contain a response to each and every factual allegation in the complaint. Must say something—even just generally—about each item in the complaint.
- Answer can contain stuff in addition to denials, including objections to suit going forward:
- Like objection to subject matter jurisdiction, or venue, or to way process was served.
- While includable in answer, these objections are bringable before filing Answer in form of a pre-answer motion. Can file one, and only 1, pre-answer motion.
- But remember: can also raise these issues in the Answer.
- Defendants may prefer pre-answer motion because is easier than researching what you can admin/deny in the Answer. (See Yeazell, p. 378.)
- Pre-Answer trap for the unwary:
- Certain objections that if you’re going to make them, you must make them in the first piece of paper you file.
- This includes the pre-answer motion. Must be raised first-time, whether in pre-answer motion or the answer.
- Four choices in Answer:
- 1. Admit
- 2. Deny
- 3. "I don't know" (which serves as a denial)
- 4. Do nothing (effectively admits)
