Pro Se 3
Defendant’s Answer to the Complaint
Pro Se 3, Defendant's Answer to the Complaint, is a pleading form from the U.S. Courts for a defendant's answer or other response to the allegations in a plaintiff's complaint in a United States district court. It is one of the Civil Pro Se Forms, which the U.S. Courts page says are limited to types of cases often filed in federal courts by people who represent themselves or who may not have much experience in federal courts.
The 7-page form asks for the answering defendants, a numbered answer to each paragraph of the complaint, any defenses and affirmative defenses, any counterclaim against the plaintiff or cross-claim against another defendant, and a signed certification under Federal Rule of Civil Procedure 11. The page notes that no form provides legal advice or substitutes for having or consulting a lawyer, and that a court may require more or less information than a form asks for.
The U.S. Courts offers it as a PDF and a Word file, effective on December 1, 2016. This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.
The district and division, the full names of the plaintiffs and defendants, a yes or no choice for a jury trial and a case number line marked for the Clerk's Office. Section I lists each defendant filing the answer, with address, phone and email.
On separate pages, numbered paragraphs that match the complaint's paragraphs. For each one, the answer states whether the defendant admits, denies, lacks sufficient knowledge to admit or deny, or admits part and denies or lacks knowledge of the rest.
Seven listed alternatives, each with a brief explanation: no subject-matter jurisdiction, no personal jurisdiction, improper venue, insufficient process, insufficient service, failure to state a claim, and another party that needs to be joined.
The claim and what bars it, from a list of 19 that runs from accord and satisfaction, arbitration and award and assumption of risk to statute of limitations, waiver and other, each with a brief explanation.
A claim against the plaintiff or against other defendants, with a further statement of jurisdiction if needed, who the claim is against, the injury or damages alleged, and the damages or other relief sought.
A certification under Federal Rule of Civil Procedure 11 that the answer meets its requirements, then the date, signature and printed name of the defendant, or the attorney's details.
The U.S. Courts page says no form provides legal advice, a court may require more or less than a form asks, and to consult the rules and caselaw that govern in the court where you file.
Enter the district, division and the full names of the parties, choose yes or no for a jury trial, and list each defendant filing the answer in section I. Names that do not fit go on an attached page.
The form asks for a short and plain statement on separate pages, with paragraph 1 of the answer matching paragraph 1 of the complaint, and so on.
Sections II.B and II.C list defenses and affirmative defenses to use where they apply, each with a brief explanation. The form says any affirmative defense or avoidance must be identified in the answer. Section II.D holds any counterclaim or cross-claim.
The page cites Federal Rule of Civil Procedure 5.2: a filing may show only the last four digits of a Social Security, taxpayer or financial account number, the year of birth, and a minor's initials.
Sign under the Rule 11 certification and print your name. Parties without an attorney also agree to keep their address current with the Clerk's Office.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The form is captioned for a United States District Court, district and division. The page says to consult the rules and caselaw that govern in the court where the pleading is filed.
The form and its page do not print a filing fee.
The page says the forms give no guidance on when pleadings, claims or defenses have to be raised, and that some have to be raised at a certain point in the case or within a certain period of time.
The page says that if you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible.
The U.S. Courts page offers Pro Se 3 as a PDF and as a Word document.
Pro Se 1
76 fields, 5 pages
Pro Se 2
77 fields, 6 pages
Pro Se 4
77 fields, 5 pages
Pro Se 11
67 fields, 5 pages
AO 440
34 fields, 2 pages
AO 399
16 fields, 1 page
A defendant, or the defendant's attorney, fills out and signs Pro Se 3. The page describes the Civil Pro Se Forms as examples for people who represent themselves or have little experience in federal courts.
No tool matches that search.
No. The U.S. Courts page says no form provides legal advice or substitutes for having or consulting a lawyer, and that following a form does not guarantee a pleading is legally or factually correct or sufficient.
The form asks for numbered paragraphs on a separate page or pages that correspond to the complaint's paragraphs. For each, it says to state whether the defendant admits the allegations, denies them, lacks sufficient knowledge to admit or deny them, or admits certain allegations but denies, or lacks sufficient knowledge of, the rest.
Section II.C describes it as a defense or avoidance that provides a basis for the defendant to avoid liability for one or more of the plaintiff's claims even if the basis for the claim is met. The form says any affirmative defense or avoidance must be identified in the answer.
Section II.D has room for a counterclaim against the plaintiff or a cross-claim against one or more other defendants. The form asks for the facts without legal arguments, each claim in a separate numbered paragraph, and the damages or other relief sought.
The page cites Federal Rule of Civil Procedure 5.2: filings should not contain anyone's full Social Security number or full birth date, the name of a person known to be a minor, or a complete financial account number.
No. The page says the forms give no guidance on timing, that some pleadings, claims or defenses have to be raised at a certain point in the case or within a certain period of time, and that the Federal Rules of Civil Procedure are available free at www.uscourts.gov.
