Can a lawyer file a pleading called a response to a complaint?

• A. Yes
• B. No
• C. Only in federal court
• D. Only with court permission

Answer: (B)

In civil procedure, the way a defendant responds to a complaint is by filing an Answer (or, alternatively, a pre-answer motion to dismiss under Rule 12). The phrase “response to a complaint” isn’t the formal name of the pleading the rules require. The document you expect to respond with is the Answer, which admits or denies each allegation and may raise defenses or include counterclaims. A defendant may also choose to file a Rule 12 motion to dismiss before answering if there’s a defect in the complaint, but that’s still a form of responding, not a pleading titled “response to a complaint.”

So the statement that you would file a pleading called a “response to a complaint” isn’t accurate in formal practice. The correct action is to file an Answer (or a pre-answer motion to dismiss). The timing is governed by the rules: typically within 21 days of service, or 60 days if service was waived.