Fillable Instructions: Answer - Responding to the Complaint in (US Courts)

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Instructions: Answer - Responding to the Complaint in (US Courts)

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Instructions: Answer - Responding to the Complaint in an ADA Case
The Answer template in this packet was prepared by the Justice & Diversity Center, a nonprofit
organization, and is not an official court form. It can be used to respond to civil ADA lawsuits in the
Northern District Court of California. This template provides guidance only. Using this template
does not guarantee any result in your case.
This packet provides general guidance. It does not tell you everything you need to know about
responding to an ADA Complaint. You can make an appointment for free legal information and advice at
one of the Legal Help Centers listed below.
If the case was assigned to a judge in the San Francisco, Oakland, or Eureka federal
courthouse, do one of the following:
Call the appointment scheduling line for the Federal Pro Bono Project: 415-782-8982
Sign up in the appointment book at either:
450 Golden Gate Ave., 15th
Floor, Room 2796, San Francisco or
1301 Clay Street, 4th Floor, Room 470S, Oakland
Email us at federalprobonoproject@sfbar.org
This email is to schedule appointments only-no legal advice is given over email.
If the case was assigned to a judge in the San Jose federal courthouse, do one of the following:
Call the appointment scheduling line for the Federal Pro Se Program: 408-297-1480
Monday to Thursday 9:00 am - 12:00 pm, drop in at
The Law Foundation of Silicon Valley, 152 North 3rd St., 3rd Floor, San Jose
Monday to Thursday 1:00 pm - 4:00 pm, drop in at
280 South 1st Street, 2nd Floor, Room 2070, San Jose
HOW TO GET LEGAL INFORMATION AND ADVICE
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Most Defendants file an Answer to the Complaint. If a Plaintiff did not follow the rules when serving you
with the Complaint, the Complaint is missing certain information, or the Complaint shows that Plaintiff
cannot win, it may be possible to file a Motion to Dismiss the Complaint instead. If you are considering
filing a Motion to Dismiss, contact one of the Legal Help Centers (see page 1). You have limited time to
respond to the Complaint.
HOW TO COMPLETE THIS ANSWER TEMPLATE
1. Is your business sued in the Complaint? As a general rule, you can represent yourself in a
lawsuit but you cannot represent a business entity, even if you own it. If your business has been
sued (they are listed as a defendant on the Complaint) you are not allowed to file this Answer on
behalf of the business. You should contact one of the Legal Help Centers for advice.
2. Know your deadline. You have only 21 days after being served with the Summons and
Complaint to file a response. If you need additional time, or have missed the deadline, it is
normally best to contact the opposing side’s lawyer right away and make arrangements. The Legal
Help Centers (see page 1) can explain the process.
3. Fill in the case information. On the top of the first page, write your name and address. Check the
box for the division to which your case has been assigned. Write in the plaintiff’s and defendant’s
names in the middle of the front page. Then, to the right of the names, write in the case number and
the judge’s name.
4. Respond to each paragraph in the Complaint. Read each sentence of the Complaint. Each
paragraph should be numbered.
• If everything in the paragraph is false, do not write that paragraph number anywhere.
The first paragraph of this Answer denies everything that is not specifically admitted.
• If everything in the paragraph is true, write that paragraph number in Section B of this
Answer form.
• If you don’t know whether the paragraph is true or not, write that paragraph number in
Section C.
• If the paragraph is partly true and partly false, write that paragraph number in
Section D and explain which specific parts of the paragraph are true.
For example:
1. Responses to the Claims in the Complaint
A. Defendant denies each and every allegation in the Complaint except
those specifically admitted in this Answer.
DECIDE HOW TO RESPOND TO THE COMPLAINT
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B. Defendant admits all of the allegations in the following paragraphs:
1, 3, 4, 10, 12
C. Defendant does not know or have enough information to form a belief
as to whether the allegations in the following paragraphs are true:
5, 6, 7, 13, 14, 15, 16
D. Defendant admits only the following parts of each paragraph listed
below, and denies or does not know enough to say whether the rest of the paragraph is true:
Paragraph 2 : I admit only that I am the owner of the property located at Main St.
Paragraph 11 : I admit only that I have four parking spots on my property.
5. List your defenses. An affirmative defense is an argument that Plaintiff’s claim should fail for
some procedural or legal reason. The purpose of this list in the Answer is to give enough notice of
your defenses so that Plaintiff and the Court understand your argument. Section 2 of the Answer
lists some of the common defenses used in ADA cases. Check the boxes for the defenses that
apply to your situation. Include all affirmative defenses that you may have. If you leave something
out, the Court may not let you argue that the defense applies later in the case. If you don’t know
the right legal terms for your defenses, just explain your reasons clearly in your own words. If you
are not sure about your defenses, contact the Legal Help Center (see page 1).
6. OPTIONAL: Write your own claims. Although it is not very common, sometimes defendants
have claims to bring against another person who is not yet part of the lawsuit. This is called a
Crossclaim. For example, you may file a crossclaim if there is another owner or lessor of the
property. Before making a claim in your Answer, contact the Legal Help Center (see page 1).
7. Identify your demands.
a. Complete the Demand for Relief section on the signature page to tell the Court what you
would like it to do for you.
b. Judges (rather than juries) decide ADA cases. If the Plaintiff also brings claims for
violations of California law against you, you may be able to have a jury trial. To make such
a request, write DEMAND FOR JURY TRIAL on the first page, above the Judge’s name,
and also on the signature page, below the Demand for relief section.
8. Number the pages. Remove any pages that you are not using, such as the Counterclaim or
Crossclaim pages. Then, count the total number of pages in your final Answer. In the bottom
corner of each page, write in the page number and the total.
9. Review and sign your Answer. Read your Answer, making sure all blanks are filled in, and to
confirm that all of the statements are true. Each defendant submitting the Answer must sign it.
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10. Prepare the Certificate of Service. Each document that you file must be “served” on each other
party. This is usually done by sending it in the mail. A Certificate of Service is a document that lets
the Court know that you served the document listed on it. To prepare the Certificate, follow the
instructions on it to complete each part, 1-7.
FILING AND SERVING YOUR ANSWER
Make three copies. Once you have completely filled out and signed your Answer and
Certificate of Service, make three copies of each document. On one copy of the documents,
write “Chambers” on the top in pen. (If there is more than one plaintiff or defendant, you will
also need one copy for each of them.)
Serve the Answer. Be sure that the Answer and Certificate are served on each party.
File the Answer. Deliver or mail the original plus two copies of the Answer and Certificate to
the Clerk’s Office at the federal courthouse where the Judge for your case is located. The Clerk
will take the original and one copy. The other copy is for you to keep after it is stamped by the
Clerk. If you file by mail, include a self-addressed, stamped envelope so that the Clerk can send
a copy back to you.
TIMELINE: FIRST STEPS IN AN ADA CASE
This timeline below lists the first few things that happen in an ADA case. The Legal Help Centers (see
page 1) can provide guidance about these steps, and have many additional templates for documents
you may need to file during this time and throughout your case.
Case begins when the
Complaint is filed
Defendant is served with
the Complaint, Summons,
and other documents
Defendant files and serves a
response to the Complaint
(within 21 days of service)
Each side gives the other certain
information about the case, and
the parties meet to do a joint
inspection of the business
(usually within 90 days of the case
being filed)
Parties discuss settlement
of the case.
(at and after the joint
inspection of the business)
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STAY UP TO DATE
1. Tell the Court if you move. You must file a notice with the Clerk right away if your mailing
address, phone number or email address changes, or you may miss important deadlines,
causing you to lose your case.
2. Check your mail. Be sure to check your mail regularly for documents from the Court or the
opposing side.
3. A list of all of the documents that have been filed, and (usually) the documents themselves
can be viewed online. See Chapter 7 of the Handbook for Pro Se Litigants (see page 5), and
contact the Legal Help Center for information about how to access the documents (see page
1).
UNDERSTANDING THE LAWS AND RULES
In addition to visiting one of the Legal Help Centers (see page 1), there are other resources for
understanding the laws and rules of the Court:
1. Scheduling Order. At the time each ADA case is filed, the Court will print out a Scheduling
Order for the case that sets out the case deadlines. The Plaintiff should have served you with this
document. If you need a copy, ask Plaintiff’s counsel, come to the Court to request it, or visit a
Legal Help Center (see page 1).
2. Handbook for Pro Se Litigants. The Handbook is a procedural guide for people who are
representing themselves. It was prepared by the Court and is available at the Clerk’s Office or on
the Court’s website at www.cand.uscourts.gov/prosehandbk. Chapter 10 discusses responding to
the Complaint.
3. Legal Research Guide for Pro Se Litigants. The Research Guide can be used by people who are
representing themselves to get more information about the claims in the lawsuit. It has information
about finding statutes and decisions in other cases. It was prepare by the Justice & Diversity
Center, a nonprofit organization, and is available at http://www.cand.uscourts.gov/Legal-Help-
Center-Templates.
4. Federal Rules of Civil Procedure. These Rules explain the procedures from filing through trial
for all civil cases in the federal courts across the country, and are available at
http://www.uscourts.gov/sites/default/files/rules-of-civil-procedure.pdf. Rule 13 discusses
counterclaims and crossclaims. Rule 5 discusses serving documents on other parties.
5. Local Rules. The Local Rules follow the same numbering as the Federal Rules of Civil Procedure,
but generally provide more detail. They apply in this District only, and are available at
http://www.cand.uscourts.gov/localrules/civil.
ANSWER
CASE NUMBER ______________________________________________; Page of
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Your Name: ________________________________
Address: ________________________________
________________________________
Phone No.: ________________________________
E-mail: ________________________________
Pro Se Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Division [check one]: San Francisco Oakland San Jose Eureka
Plaintiff,
vs.
Defendant.
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Case Number:
ANSWER
TO ADA COMPLAINT
Check only if you include a Crossclaim:
AND CROSSCLAIM
Judge:
Hon.
1. Responses to the Claims in the Complaint
Each paragraph of the Complaint should be numbered. Read each paragraph carefully.
• If everything in the paragraph is false, do not write that paragraph number anywhere. The
first paragraph of this Answer denies everything that is not specifically admitted.
• If everything in the paragraph is true, write that paragraph number in Section B, below.
• If you don’t know whether the paragraph is true or not, write that paragraph number in
Section C, below.
• If the paragraph is partly true and partly false, write that paragraph number in Section D
below and explain which specific parts of the paragraph are true.
• Use more pages if needed.
ANSWER
CASE NUMBER ______________________________________________; Page of
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A. Defendant denies each and every allegation in the Complaint except those
specifically admitted in this Answer.
B. Defendant admits all of the allegations in the following paragraphs:
C. Defendant does not know or have enough information to form a belief as to whether
the allegations in the following paragraphs are true:
D. Defendant admits only parts of each paragraph below, and denies or does not know
enough to say whether the rest of the paragraph is true. [Use more pages if needed]:
Paragraph : I admit only that
Paragraph : I admit only that
Paragraph : I admit only that
Paragraph : I admit only that
ANSWER
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2. Affirmative Defenses
State any factual or legal reasons that the Plaintiff cannot win all or part of this case.
Provide enough detail so the Plaintiff and the Court will understand your defense. Below is a list of
some of the affirmative defenses that may apply in ADA cases. It does not list affirmative defenses to
claims under California law. Check the boxes for or write in the defenses that apply here, and
explain why the defense applies. If you are not sure about your defenses, contact the Legal Help
Center for an appointment. Use more pages if needed.
The Complaint fails to state a claim upon which relief can be granted.
Plaintiff lacks standing because Plaintiff was not deterred from visiting the premises, nor can
Plaintiff establish intent to visit the premises in the future.
The Plaintiff's claims are barred by the statute of limitations because Plaintiff did not visit,
nor was not deterred from visiting within the two years before the Complaint was filed.
The facility was first occupied before January 26, 1993, has not been altered to affect the
usability of the facility since that time, and removal of the alleged barriers is not readily achievable.
Defendant provided adequate access to its business to persons with disabilities by using
methods such as customer service.
Plaintiff’s requested modifications to the business would pose an undue burden on
Defendant.
Plaintiff’s requested modifications would fundamentally alter the services and facilities.
Plaintiff failed to join a necessary party [list who Plaintiff should have joined as a defendant
in this case]
To the extent Plaintiff suffered any harm and may be entitled to any damages, both of which
Defendant denies, a third-party is liable for indemnity and/or contribution.
[Explain other affirmative defense]
[Explain other affirmative defense]
ANSWER
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OPTIONAL: Crossclaim against another Defendant
A crossclaim is a claim you may have against another Defendant in this case, or whom you
want to bring into the case. To make a crossclaim, first write in the name of the Defendant against
whom you are making a claim. List the type of claim you are making or the law that the Defendant
violated. Then, starting with paragraph 3, write in the facts of your claim, using more pages as
needed. For more information about making a crossclaim, make an appointment at the Legal Help
Center.
Crossclaim Against [name]________________________________________ For [type of claim or
the law the Cross-defendant violated] _________________________________________________
3. ________________________________________________________________________
4.
5.
6.
//
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ANSWER
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Demand for Relief
WHEREFORE, Defendant demand:
That the Court enter judgment dismissing the Complaint;
That Defendant be awarded costs incurred;
That Defendant be awarded such other and further relief as the Court may deem just;
[If you filed a crossclaim, explain what you would like the Court to do]:
Other [explain]:
If more than one Defendant is included in this Answer, each must sign and date below. Attach
another page if you need to.
Respectfully submitted,
Date: Signature:
Printed name:
Pro Se Defendant
ANSWER
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If you need more space to write your Answer, use this page. Make copies before writing.
CERTIFICATE OF SERVICE [JDC TEMPLATE Rev. 2017]
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CERTIFICATE OF SERVICE
*You must serve each document you file by sending or delivering to the opposing side. Complete
this form, and include it with the
Answer
that you file and serve.
*
1. Case name [write Plaintiff’s name on the first line, and your name on the second line]:
___________________________________ v. ______________________________________
2. Case number: ______________________________________________________________
3. Document served: Answer [if you added a claim of your own, check the box for that claim]
Counterclaim
Crossclaim
4.
How was the Answer served? [check one]
Placed in U.S. Mail
Hand-delivered
Sent for delivery (e.g., FedEx, UPS)
Sent by fax (if the other party has agreed to accept service by fax)
5. To whom was the Answer sent? [For each person you sent the document, write their
full name and contact information used.]
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
6. When was the Answer served?
________________________________________________
7.
Who served the Answer? [Whoever puts it into the mail, faxes, delivers or sends for
delivery
should sign, and print their name and address. You can do this yourself.]
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct.
Signature:
_____________________________________________________
Name:
_____________________________________________________
Address: _____________________________________
_____________________________________
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Instructions: Answer - Responding to the Complaint in (US Courts)

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Completed 21 November 2021

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