key term - Pre-answer motion

Definition

A pre-answer motion is a legal action taken by a defendant before filing an answer to a complaint in a civil case, typically aimed at resolving certain issues or dismissing the case outright. This type of motion can address procedural defects, lack of jurisdiction, or other specific defenses that can be determined without the need for a full trial. By filing a pre-answer motion, defendants can challenge the legal sufficiency of the plaintiff's claims, which may save time and resources if successful.

5 Must Know Facts For Your Next Test

1. Pre-answer motions must be filed within a specific time frame after being served with the complaint, usually 21 days, depending on the jurisdiction.
2. Common grounds for filing a pre-answer motion include lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim.
3. A successful pre-answer motion can result in the dismissal of the entire case or parts of it without further litigation.
4. If a pre-answer motion is denied, the defendant is still required to file an answer to the complaint within the stipulated time frame.
5. Pre-answer motions can streamline litigation by resolving certain legal issues early in the process, potentially avoiding lengthy trials.

Review Questions

• What are some common grounds for filing a pre-answer motion and how do they impact the litigation process?
  • Common grounds for filing a pre-answer motion include lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim. These grounds can significantly impact the litigation process as they may lead to the dismissal of the case or certain claims without the need for extensive discovery or trial. By addressing these issues upfront, defendants can potentially save time and resources while clarifying their position early in the case.
• Compare and contrast pre-answer motions with traditional answers in civil procedure. What are their distinct purposes?
  • Pre-answer motions and traditional answers serve different purposes in civil procedure. A pre-answer motion is aimed at resolving specific legal issues or dismissing a case before an answer is filed, focusing on procedural defects or jurisdictional challenges. In contrast, a traditional answer is a comprehensive response to the plaintiff's allegations where defendants admit or deny each claim and assert defenses. While both are critical in shaping the litigation process, pre-answer motions provide an opportunity for early resolution while answers address the substance of the claims.
• Evaluate how pre-answer motions influence judicial efficiency and access to justice in civil litigation.
  • Pre-answer motions play a vital role in promoting judicial efficiency and access to justice by allowing parties to resolve fundamental legal issues before incurring significant litigation costs. When defendants raise legitimate concerns through pre-answer motions, courts can quickly determine whether a case should proceed or be dismissed entirely. This not only reduces the burden on courts by limiting unnecessary trials but also helps plaintiffs assess their cases more realistically. In turn, this contributes to a more efficient legal system where resources are allocated effectively, benefiting all parties involved.

Related terms

Motion to Dismiss:

A request made to a court to dismiss a case on the grounds that the complaint is insufficient or fails to state a claim upon which relief can be granted.

Answer:

A formal written response by a defendant to the allegations made in the plaintiff's complaint, addressing each claim and stating defenses.

Summary Judgment: A judicial decision made when there are no genuine issues of material fact, allowing one party to win the case based on the law rather than proceeding to a trial.