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In civil court, when you file a complaint and the defendent answers the complaint, do you then file an answer?

  • I have filed a case, pro se, in the Virginia district of the federal court. The defendent filed and answer to my complaint and asked for a dismissal. Am I supposed to file an answer to the answer?

  • Answer:

    I don't know the details of your case, but I think you are probably learning why you shouldn't be doing this pro-se. If you have been to attorneys and they have told you that the case has no merit, and you filed it pro se, then you may have subjected yourself to sanctions for a frivelous complaint. The defendant in this matter has probably retained an attorney, and its the attorney who filed the answer and then moved for dismissal. You should review the Federal Rules of Civil Procedure for information on how to proceed, if you are going to represent yourself. However, I strongly suggest that you should retain counsel. If you want to retain an attorney, contact your local or state bar association for a referral to an attorney licensed in Virginia.

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Under the Federal Rules you do not have to file an answer to an answer unless the answer is combined with a counter-claim. However, you SHOULD respond to a Motion to Dismiss. Such Motions are based on and are usually accompanied by memoranda cointaining legal arguments. Typically, Federal Judges decide such motions without oral argument. So, unless you want the judge to decide the Motion based ONLY on the Defendant's arguments, you'd better respond. Different Federal Districts have different rules on deadlines for, and the contents required for, responses to motions. If you're going to litigate in Federal Court, you'd best get a copy of the Federal Rules of Civil Procedure and the Local Rules for your Federal District. I'm sure the FRCP is on line somewhere & the Local Rules should be downloadable from your District Court's web site.

MLaw

Yes, if the defendant moved for dismissal, you should respond

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