How to
I was served with a federal lawsuit. How do I answer the complaint?
Key points
- Deadline
- 21 days after you were served; 60 days from the date a waiver request was sent (90 if sent abroad); 60 days for the United States.
- Two ways
- File an answer, or a motion under Rule 12 that challenges the complaint. Serve it on the plaintiff and file it with the court.
- In the answer
- Admit or deny each allegation, or say you lack the knowledge to know. An allegation you don't deny is treated as admitted.
- If you don't
- The plaintiff can ask for a default judgment for what the complaint demands.
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When you are served with a federal complaint, you must respond in writing by the deadline, usually 21 days after you were served. You can file an answer that responds to each allegation, or a motion under Rule 12 that challenges some part of the complaint. Either way, you serve it on the plaintiff and file it with the court.
Below: how your deadline is counted, how to write an answer under Rule 8, the defenses you can raise by motion and the ones you lose if you leave them out, affirmative defenses and counterclaims, asking for more time, what a default means, and what happens after you answer.
At a glance
- Served
- 21 daysAfter you were served, Rule 12(a)(1)(A)(i)
- Waiver
- 60 daysFrom the date the request was sent; 90 if sent abroad
- United States
- 60 daysAfter service on the U.S. attorney, Rule 12(a)(2)
- Motion denied
- 14 daysTo answer after notice of the court's action, Rule 12(a)(4)
How long do you have to answer a federal complaint?
- Served with the summons and complaint: 21 days after being served.Fed. R. Civ. P. 12(a)(1)(A)(i)
- You returned a waiver in time: 60 days after the request for a waiver was sent, or 90 days if it was sent outside any judicial district of the United States.Fed. R. Civ. P. 12(a)(1)(A)(ii)
- The United States, a U.S. agency, or a federal officer or employee sued only in an official capacity: 60 days after service on the United States attorney.Fed. R. Civ. P. 12(a)(2)
- A federal officer or employee sued individually for acts done for the United States: 60 days after service on the officer or employee, or on the United States attorney, whichever is later.Fed. R. Civ. P. 12(a)(3)
- An amended complaint: within the time remaining to respond to the original, or within 14 days after service of the amended pleading, whichever is later.Fed. R. Civ. P. 15(a)(3)
How the days are counted (Rule 6(a)(1)): leave out the day you were served, count every day after it, including Saturdays, Sundays and legal holidays, and include the last day. If the last day falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not one. For electronic filing, the last day ends at midnight in the court's time zone; for filing by other means, when the clerk's office is scheduled to close (Rule 6(a)(4)).
Need more time? Ask before the deadline. The court may extend a deadline for good cause if the request is made before the original time expires (Rule 6(b)(1)). Some districts also let the parties agree: in the Northern District of California, once the parties file a written agreement extending the time to respond, it becomes effective automatically, as long as it doesn't interfere with dates or deadlines set by the court.
Your options: an answer or a Rule 12 motion
Under Rule 12 there are two general ways to respond: file an answer to the complaint, or file a motion challenging some aspect of it. If you file a motion, you may still have to file an answer, but only after the court rules on your motion. These defenses may be raised by motion before you answer (Rule 12(b)):
- lack of subject-matter jurisdiction;
- lack of personal jurisdiction;
- improper venue;
- insufficient process;
- insufficient service of process;
- failure to state a claim upon which relief can be granted (a "Rule 12(b)(6)" motion to dismiss); and
- failure to join a party under Rule 19.
Serving a Rule 12 motion changes your deadline: if the court denies the motion or postpones deciding it until trial, the answer is due 14 days after notice of the court's action (Rule 12(a)(4)(A)).
How to write an answer (Rule 8)
The federal courts publish a fill-in form for this: Pro Se 3, "The Defendant's Answer to the Complaint". Whether you use it or write your own:
- Follow the complaint's numbering. Number your paragraphs so that paragraph 1 of the answer responds to paragraph 1 of the complaint, and so on.
- Admit or deny each allegation. You must admit or deny the allegations against you (Rule 8(b)(1)(B)). If you lack knowledge or information sufficient to form a belief about whether an allegation is true, say so; that has the effect of a denial (Rule 8(b)(5)).
- Split mixed paragraphs. If only part of an allegation is true, admit the part that is true and deny the rest (Rule 8(b)(4)).
- Respond to the substance. A denial must fairly respond to the substance of the allegation (Rule 8(b)(2)).
- State your defenses. In short and plain terms, state your defenses to each claim (Rule 8(b)(1)(A)), including any affirmative defenses (below).
- Sign it. If you have no lawyer, sign it yourself, with your address, e-mail address and telephone number (Rule 11(a)).
An answer is a statement to the court. By signing it, you certify that your denials of factual contentions are warranted on the evidence or are reasonably based on belief or a lack of information (Rule 11(b)(4)). Admit what is true; deny only what you can deny in good faith.
Affirmative defenses, counterclaims and a jury demand
An affirmative defense is a reason you shouldn't be held liable even if the facts of the claim are true; the federal answer form describes it as a basis to avoid liability "even if the basis for the claim is met". You must affirmatively state any avoidance or affirmative defense in your answer (Rule 8(c)(1)). The rule lists accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations and waiver.
Counterclaims. Your pleading must state as a counterclaim any claim you have against the plaintiff that arises out of the transaction or occurrence that is the subject of the plaintiff's claim (Rule 13(a)). The Northern District of California's handbook notes that certain counterclaims must be filed at the same time as the answer, or they are considered waived and cannot be raised later. The plaintiff must answer a counterclaim within 21 days after being served with it (Rule 12(a)(1)(B)).
A jury. To have a jury decide an issue triable by a jury, serve a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed to that issue is served (Rule 38(b)). The Pro Se 3 form has a box for it.
What happens if you don't answer: default
If you don't plead or otherwise defend, the clerk must enter your default once that is shown by affidavit or otherwise (Rule 55(a)). Then a default judgment can be entered, by the clerk for a sum certain or by the court in other cases (Rule 55(b)). The Northern District of California's handbook explains that once default is entered, the defendant is considered to have admitted every fact in the complaint except the amount of damages, and can't respond without first filing a motion to set aside the default.
The court may set aside an entry of default for good cause, and a final default judgment under Rule 60(b) (Rule 55(c)). The motion must explain in detail your reasons for failing to respond.
After you answer: what comes next
- Rule 26(f) conference
The parties confer, at least 21 days before a scheduling conference is held or a scheduling order is due, about the claims and defenses, the possibilities for promptly settling, disclosures and a proposed discovery plan. Unrepresented parties who have appeared share responsibility for arranging it.
- Initial disclosures
Within 14 days after that conference, each side gives the others the names of people likely to have discoverable information, copies or descriptions of documents it may use, a computation of damages and any insurance agreement (Rule 26(a)(1)).
- Scheduling order
The judge limits the time to join other parties, amend the pleadings, complete discovery and file motions (Rule 16(b)(3)(A)).
- Discovery
Depositions, written questions and document requests. See depositions.
- Settlement or ADR
Every district court requires litigants in civil cases to consider alternative dispute resolution. See mediation.
Free help, and when to talk to a lawyer
You may defend the case yourself (28 U.S.C. § 1654), but corporations and partnerships must be represented by an attorney. If you need help responding to a lawsuit, the Northern District of California points defendants to its federal courthouse Legal Help Centers, and the Southern District of New York lists a free, limited-scope legal assistance project for plaintiffs and defendants who cannot afford a lawyer. Other districts have their own; check your court's website.
Common questions
How long do I have to answer a federal complaint?
21 days after you were served; 60 days after the request was sent if you returned a waiver in time (90 if it was sent outside the United States); 60 days for the United States or a federal agency (Rule 12(a)). A federal statute can set another time, so read the summons.
What is the difference between an answer and a motion to dismiss?
An answer responds to each allegation and states your defenses. A Rule 12(b) motion asks the court to rule on certain defenses first, such as failure to state a claim. If the court denies it, the answer is due 14 days after notice of the court's action.
What if I don't know whether an allegation is true?
Say that you lack knowledge or information sufficient to form a belief about its truth. That statement has the effect of a denial (Rule 8(b)(5)).
What are affirmative defenses?
Reasons, stated in your answer, why the plaintiff shouldn't recover even if the claim's facts are true, such as the statute of limitations, payment or release (Rule 8(c)(1)).
What happens if I miss the deadline to answer?
The clerk can enter your default, and a default judgment can follow (Rule 55). You can ask the court to set aside a default for good cause, with a motion that explains why you didn't respond.
Can I change my answer after I file it?
You may amend it once as a matter of course within 21 days after serving it (Rule 15(a)(1)). After that, you need the plaintiff's written consent or the court's leave, which the court should freely give when justice so requires (Rule 15(a)(2)).
Does the plaintiff have to respond to my answer?
No, unless the court orders a reply. If a responsive pleading is not required, an allegation is considered denied or avoided (Rule 8(b)(6)). A counterclaim is different: the plaintiff must answer it within 21 days.
Official sources
- Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF) uscourts.gov
- Form AO 440: Summons in a Civil Action (PDF) uscourts.gov
- Form AO 399: Waiver of the Service of Summons (PDF) uscourts.gov
- Form Pro Se 3: The Defendant's Answer to the Complaint (PDF) uscourts.gov
- N.D. Cal.: Representing Yourself in Federal Court, a handbook for pro se litigants (PDF, 2024) cand.uscourts.gov
- S.D.N.Y.: What happens if you are a named defendant nysd.uscourts.gov
- S.D.N.Y.: Representing yourself in federal court (pro se) nysd.uscourts.gov
- 28 U.S.C. § 1654: Appearance personally or by counsel govinfo.gov
- 28 U.S.C. § 652: ADR in all civil cases; confidentiality govinfo.gov
- U.S. Courts: Court website links uscourts.gov
- U.S. Courts: Federal Rules of Civil Procedure uscourts.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.