Defendant's two options to respond to a complaint

• A. File a responsive pleading (an answer)
• B. File a motion asking the court to dismiss the complaint
• C. Both A and B
• D. Do nothing

Answer: (C)

When a defendant is served with a complaint, there are two primary ways to respond: file a responsive pleading in the form of an answer, or file a pre-answer motion to dismiss under Rule 12(b) (challenging issues like lack of subject matter or personal jurisdiction, improper service, or failure to state a claim). An answer directly addresses the allegations, admitting, denying, and possibly raising defenses or counterclaims. A motion to dismiss tests the complaint’s legal sufficiency before any factual dispute is addressed, and it can resolve the case without an answer if granted. If the motion to dismiss is denied, the defendant must then file an answer within the allotted time. Doing nothing is not a proper response because it risks a default judgment against the defendant. So the two viable options to respond are an answer or a motion to dismiss.