The Answer

  • When you answer, you have choices as to what you can assert:
    • Admissions/concessions
    • Denials (or the older term: traverses)
    • Affirmative Defenses (or the older term: pleas in confession and avoidance)
  • In your answer, you can plead in the alternative with multiple sets of admissions, denials, and affirmative defenses.
    • For each allegation, you go through and say either "it happened," "didn't happen," or "I don't know."
    • If you don't respond to an allegation, then it's deemed to be admitted to.
    • All of these are subject to Rule 11 sanctions; however, before discovery, you don't know certain things—especially if it's the first lawsuit on a matter—so judges are not predisposed to sanction attorneys.