Chapter 5: Drafting The Answer

• Pages: 71-88
• Author: Janet S. Kole

Drafting The

Answer

Before Iknew about consulting the civil procedural

rules, life was easy.Ireceived acomplaint and, on behalf

of my client, I’d just deny everything:

“Count 1(trespass): paragraphs 1-8 are denied.”

Luckily for me and for the client, because Iwas only

afirst-year associate at the time, asupervising lawyer

took one look at the answer and pointed me back to the

rules. He also, thankfully,gave me an answer that he had

just completed in another matter so Icould get with the

program.

A.Answering The Numbered Paragraphs

Every jurisdiction has its own customs in addition to its

own rules. As aresult, the rules will tell you what you

must do to answer the allegations of acomplaint, but not

how that looks on the page. Thus, Pennsylvania Rule

1029, in relevant part states:

(a) Aresponsive pleading shall admit or deny

each averment of fact in the preceding

Chapter Five

71

pleading or any part thereof to which it is

responsive. Aparty denying only apart of an

averment shall specify so much of it as is

admitted and shall deny the remainder.

Admissions and denials in aresponsive

pleading shall refer specifically to the

paragraph in which the averment admitted or

denied is set forth.

(b) Averments in apleading to which aresponsive

pleading is required are admitted when not

denied specifically or by necessary implication.

Ageneral denial or ademand for proof, except

as provided by subdivision (c) and (e) of this

rule, shall have the effect of an admission.

(c) Astatement by aparty that after reasonable

investigation the party is without knowledge

or information sufficient to form abelief as

the truth of an averment shall have the effect

of adenial.

Official Note

Reliance on subdivision (c) does not excuse a

failure to admit or deny afactual allegation when

it is clear that the pleader must know whether a

particular allegation is true or false. See Cercone

v .Cercone,254 Pa. Super.381, 386 A.2d 1(1978).

(d) Averments in apleading to which no

responsive pleading is required shall be

deemed to be denied.

72 Pleading Your Case: Complaints and Responses