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  • Lily McLauchlin

WHAT DO I DO WHEN I AM SERVED WITH A PETITION?

Updated: Dec 16, 2021


Learn more about what to do when served a petition.



A court case is initiated when the filing party files a petition with the court and serves it on the responding party. After the petition is served on the responding party, the responding party needs to file an answer. An answer is the responding party’s response to the statements in the petition.

An answer needs to be filed with the court within 20 days after a party is served with the petition. If the responding party waives service, meaning they consent to not be physically served with the petition, they have 60 days to file the answer.

An answer requires that the responding party admit or deny the claims made in the petition. This can be done simply by stating “Admit” or “Deny”. If the responding party does not have enough knowledge to admit or deny, they should state so. If the responding party admits a part of a statement and denies another part, they should state so. An answer can also contain a short and plain statement of any defenses to the claims in the petition.

 

Remember, answers should be short and plain and should not contain arguments. These arguments should be saved for hearing.

 

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