answer

answer, n.

1. A defendant’s first pleading that addresses the merits of the case, usu. by denying the plaintiff’s allegations. • An answer usu. sets forth the defendant’s defenses and counterclaims. [Cases: Pleading 76–87. C.J.S. Pleading §§ 159–162, 164, 168–173.]

false answer. A sham answer in a pleading. See sham pleading under PLEADING (1). [Cases: Pleading 359. C.J.S. Pleading §§ 653–654.]

2. A person’s, esp. a witness’s, response to a question posed.

evasive answer. A response that neither directly admits nor denies a question. • In discovery, this is considered a failure to answer. Fed. R. Civ. P. 37(a)(3).

unresponsive answer. Evidence. A response from a witness (usu. at a deposition or hearing) that is irrelevant to the question asked.

— Also termed nonresponsive answer. [Cases: Witnesses 248. C.J.S. Witnesses § 430.]

3. Patents. A patent applicant’s response to an office action.

answer, vb.

1. To respond to a question, a pleading, or a discovery request ( the company failed to answer the interrogatories within 30 days). [Cases: Pleading 76–100; Pretrial Procedure 301–306. C.J.S. Discovery §§ 63–70; Pleading§§ 159–162, 164, 166, 168–178, 202, 764, 769.]

2. To assume the liability of another (a guarantor answers for another person’s debt).

3. To pay (a debt or other liability) (she promised to answer damages out of her own estate).


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