Failure to answer and discovery?

[mabmojo]

Was served with a lawsuit if I do no answer the lawsuit will a discovery still be issued?
Federal court in fl

Thanks guys

 

[quincy]

If you receive a complaint and do not answer the complaint within the alloted period of time (generally 28 days), you are essentially admitting that everything in the complaint is true.

When there is no genuine issue of material fact shown, then a judgment is granted on the claim submitted. In other words, the other side automatically wins. A judgment is issued in their favor. There is no discovery, no nothing - you lose.

So you DO NOT want to ignore the complaint. You WANT to answer the complaint WITHIN THE TIME PERIOD SPECIFIED ON THE COMPLAINT, and admit, deny, or say that you do not have sufficient knowledge to either admit or deny the claims made.

Then you want to file an affirmative defense.

 

[mabmojo]

thank u for the quick response

 

[You Are Guilty]

If you receive a complaint and do not answer the complaint within the alloted period of time (generally 28 days), you are essentially admitting that everything in the complaint is true.

When there is no genuine issue of material fact shown, then a judgment is granted on the claim submitted. In other words, the other side automatically wins. A judgment is issued in their favor. There is no discovery, no nothing - you lose.

So you DO NOT want to ignore the complaint. You WANT to answer the complaint WITHIN THE TIME PERIOD SPECIFIED ON THE COMPLAINT, and admit, deny, or say that you do not have sufficient knowledge to either admit or deny the claims made.

Then you want to file an affirmative defense.

In Federal court, you never get 28 days. Most people get 20, but there is a possibility of a longer time for certain defendants/in certain cases (60/90). You also have to file your affirmative defenses with the answer as you need the court's permission to amend. FRCP 4 and 12 should cover it.

 

[quincy]

Thanks for the correction, YAG. I was thinking civil not federal.

 

[mabmojo]

Hi have, an order by the judge for a expidited discovery. Do I need to comply with the order?

 

[seniorjudge]

Hi have, an order by the judge for a expidited discovery. Do I need to comply with the order?

Yes, you must comply with court orders.

 

[mabmojo]

Thank you sir,

I see,
So i need to produce the documents requested. After that The case may or may not go to court. This all preliminary I belive?

 

[seniorjudge]

Thank you sir,

I see,
So i need to produce the documents requested. After that The case may or may not go to court. This all preliminary I belive?

Discovery is part of the case; I wouldn't call it "preliminary" but that is neither here nor there.

 

[mabmojo]

I want to thank SR. Judge and every one on this forum. The answers that have been given to me have provided me with much comfort.

I just finished my deposition, as the defendant in the Fed Trademark case I am involved in. Any Idea what I can expect next?

I never sent an answer to the court, I did however sign a consent for Preliminary Injunction and expiated discovery. Would this be considered an answer?

 

[mabmojo]

I was just re reading the complaint. Can I still attempt to answer if it had been over the 20 days?