Answering a complaint in a Federal Civil case.

[mcdo]

What is the name of your state (only U.S. law)? VA

In a civil case a defendant had 27 days to answer to the complaint.

Can a defendant answer a complaint to the plaintiff by email alone?

The defendant wrote that the answer would be mailed to the address but it hasn't arrived. It is now a week past due.

 

[Ohiogal]

What is the name of your state (only U.S. law)? VA

In a civil case a defendant had 27 days to answer to the complaint.

Can a defendant answer a complaint to the plaintiff by email alone?

The defendant wrote that the answer would be mailed to the address but it hasn't arrived. It is now a week past due.

Have you read the rules of civil procedure in VA?

 

[Ohiogal]

Why have I put my effort into finding the answer than you have?
Rule 1:12. Service of Papers after the Initial Process



All pleadings, motions and other papers not required to be served otherwise and requests for subpoenas duces tecum shall be served by delivering, dispatching by commercial delivery service, transmitting by facsimile, delivering by electronic mail when Rule 1:17 so provides or when consented to in writing signed by the person to be served, or by mailing, a copy to each counsel of record on or before the day of filing.

Subject to the provisions of Rule 1:17, service pursuant to this Rule shall be effective upon such delivery, dispatch, transmission or mailing, except that papers served by facsimile transmission completed after 5:00 p.m. shall be deemed served on the next day that is not a Saturday, Sunday, or legal holiday. Service by electronic mail under this Rule is not effective if the party making service learns that the attempted service did not reach the person to be served.

At the foot of such pleadings and requests shall be appended either acceptance of service or a certificate of counsel that copies were served as this Rule requires, showing the date of delivery and method of service, dispatching, transmitting, or mailing. When service is made by electronic mail, a certificate of counsel that the document was served by electronic mail shall be served by mail or transmitted by facsimile to each counsel of record on or before the day of service.

History. Last amended by Order dated March 1, 2011; effective May 2, 2011.

Rule 1:7. Computation of Time



Whenever a party is required or permitted under these Rules, or by direction of the court, to do an act within a prescribed time after service of a paper upon counsel of record, three (3) days shall be added to the prescribed time when the paper is served by mail, or one (1) day shall be added to the prescribed time when the paper is served by facsimile, electronic mail or commercial delivery service. With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief in opposition.




Seriously, hire counsel.

 

[FlyingRon]

Have you read the rules of civil procedure in VA?

And these apply to federal court how?

The information on how to answer this is in the FEDERAL civil procedure rule 12.

And no you can't just email it. It has to follow the procedure in Rule 5. Some courts have rules for electronci filing but they involved using a special server (typically PACER) not just emailing it to the parties.


But Ohio is right about one thing: YOU NEED A LAWYER.

 

[Ohiogal]

And these apply to federal court how?

The information on how to answer this is in the FEDERAL civil procedure rule 12.

And no you can't just email it. It has to follow the procedure in Rule 5. Some courts have rules for electronci filing but they involved using a special server (typically PACER) not just emailing it to the parties.


But Ohio is right about one thing: YOU NEED A LAWYER.

I didn't see the title. My computer is going wonky. I missed the FEDERAL part.

 

[quincy]

Here is a link to the Federal Rules of Civil Procedure so mcdo can reference them: https://www.law.cornell.edu/rules/frcp

 

[mcdo]

here is a link to the federal rules of civil procedure so mcdo can reference them: https://www.law.cornell.edu/rules/frcp

thank you.

 

[mcdo]

Thank you.

In a civil case a defendant had 21 days to answer to the complaint. I previously wrote 27. The defendant received it on December 19, 2016. it is now January 15, 2017.

I did not give consent in writing for the electronic pleading and I've yet to receive it by mail.

 

[NIV]

Thank you.

In a civil case a defendant had 21 days to answer to the complaint. I previously wrote 27. The defendant received it on December 19, 2016. it is now January 15, 2017.

I did not give consent in writing for the electronic pleading and I've yet to receive it by mail.

I deleted my answer in the other thread. Here, it makes a little less sense but might still be useful.
To the question, "(i)f a defendant mails an answer to a summons past the deadline to the Plaintiff, is the defendant in default?"

Technically? Yes. If a defendant has failed to plead or otherwise respond to the complaint within the time required by the Federal Rules, they are said to be in default. The real key is if there is an entry of default by the clerk of the court. They must make an entry(s) in the docket in order for the plaintiff to get a default judgment. Before the entry is made, the clerk will require a request for the entry and proof of the default.

Until that entry of default, the clerk must accept for filing defendant's entries and motions even though they are filed late.

 

[mcdo]

Thank you.

 

[Mass_Shyster]

Did the defendant email the answer, or did the court?

I don't practice in VA, so I don't know the local rules or procedures, but in Massachusetts, the defendants simply electronically file the answer, and the court emails it to the other parties. The only document that gets physically delivered is the complaint.

I don't know if the same rules apply to pro se litigants, nor do I know if the same rules apply in VA.

Your best bet is to call the court clerk and ask if you were supposed to get a physical copy of the answer.

 

[mcdo]

Reply

The defendant emailed the answer in an attachment first on January 7. Rule 5(E) states that sending it by electronic means if the person consented in writing—in which event service is complete upon transmission. I did not consent in writing.

Another answer sent to my by USPS on January 17th. Another was sent by Fed EX on January 24. The deadline was January 7th.

Paraphrasing: Within 21 days after service of the summons---you must serve an answer to the attached complaint or a motion under Rule 12 (which I did not receive) of the Federal Rules of Civil Procedure. The answer of motion must be served on the plaintiff or plaintiff's attorney

It goes on to state:

If you fail to respond, default judgment will be entered against you for the relief demanded in the complaint.

It goes on to state:

You must also file your answer or motion with the court.

It was signed by the clerk of court.

 

[Mass_Shyster]

If you fail to respond, default judgment will be entered against you for the relief demanded in the complaint.

Notice that it does not state that if you fail to respond within the allotted time, only if you fail to respond.

In general, courts do not like defaults. The court prefers the case to be heard on its merits. You can go ahead and file a motion to strike the answer because it was served late, and if that is allowed you can file a motion for a default judgment, but I doubt either will be granted.

You should also look at Rule 6(b).

Extending Time.

In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

You can go ahead and try to get a default judgment, but I'll bet a six-pack that you won't get it. (any takers?)