The First Word That May Be Your Last
You have been served. Someone claims you owe money, breached a contract, caused damage. The court has given you two weeks to respond.
Those two weeks may determine everything.
An answer to a complaint is not a formality to be “dealt with somehow.” It is your first—and often only—chance to present your version of events. In commercial proceedings, what you fail to say now you may never be allowed to say.
Preclusion: The Door That Closes
Civil procedure knows a concept that inspires dread in those who understand it: evidentiary preclusion.
In commercial litigation—disputes between businesses—all assertions and evidence must be submitted in your first filing. The plaintiff in the complaint, the defendant in the answer. What you omit is forfeited.
Not “may be forfeited.” Is forfeited.
The court will disregard evidence submitted later, unless you demonstrate that you could not have introduced it earlier or that the need arose only from the course of proceedings. But “I ran out of time” is not such a ground. Neither is “I didn’t realize it mattered.”
Preclusion means you write your answer as if it were your last word in the case. Because it may be.
Two Weeks Is Less Than You Think
The court sets a deadline for your answer—a minimum of two weeks from service of the complaint. Sounds reasonable. It isn’t.
Two weeks is time to: read the complaint, understand the claims, reconstruct events from years past, gather documents, locate witnesses, analyze the legal issues, formulate a defense strategy, draft the filing, compile exhibits.
If the case is simple—it may suffice. If the case is complex, multi-layered, based on events from several years ago—two weeks is desperation.
A motion for extension? Possible, but subject to the court’s discretion. There is no guarantee you will receive even a single additional day.
The only sensible strategy: begin immediately. Not tomorrow. Today.
The Adversarial System: The Court Does Not Search for Truth on Your Behalf
Civil litigation is not an investigation. The judge is not a detective establishing “what really happened.” He is an arbiter who evaluates what the parties present.
This sounds unjust. It is realistic.
If you are right but cannot prove it—you lose. If you are wrong but the other side cannot prove their case—you win. Civil litigation is not a contest of truth. It is a contest of evidence.
This is why an answer to a complaint is not the place for stories about “how things were.” It is the place for: assertions you intend to prove, and evidence that proves them. Everything else is noise.
A Private Document Is Not Proof of Truth
A common error: you have an expert opinion you commissioned before litigation. You feel confident. You attach it to your answer.
The problem: a private opinion is a private document. It proves only that the person who signed it made such a statement. It does not prove the statement is true.
The court may ignore it. And often does.
A court-appointed expert’s opinion is different—a specialist appointed by the court during proceedings. That opinion carries weight a private document lacks. But to obtain one, you must request the appointment of an expert. And you must do so in your answer—because later may be too late.
Evidentiary Propositions: Why Are You Submitting This Evidence
It is not enough to say: “I call witness Jan Kowalski.” The court will ask: to prove what?
An evidentiary proposition specifies what a given piece of evidence is meant to prove. “I request examination of witness Jan Kowalski regarding the course of contract negotiations on March 15, 2023, in particular the agreements concerning payment deadlines.”
Precision matters. A proposition too general (“regarding the parties’ cooperation”) may be deemed insufficient. One too narrow may miss what the witness actually knows.
Formulating evidentiary propositions is an art. It requires understanding what is disputed, what requires proof, and how individual pieces of evidence form a whole.
What You Cannot Omit
An answer to a complaint must contain:
Case number—the reference under which the court registered the case. Without it, the filing may not reach the correct file.
Identification of court and parties—full details, no abbreviations.
Position on the claim—whether you contest the claim in whole or in part. If in part—which part.
Assertions—your version of the facts. What happened, when, why the plaintiff is wrong.
Evidence—documents, witnesses, expert requests. Each with an evidentiary proposition.
Procedural objections—if you have grounds (improper venue, lack of standing, statute of limitations)—this is the moment to raise them.
Signature—handwritten or qualified electronic.
Exhibits—copies for the opposing party, power of attorney, documents.
Missing any element creates risk: a court order to cure deficiencies within one week, and if you fail—return of the filing.
Strategy: What Do You Want to Achieve
Before you begin writing, answer the question: what is the objective?
Complete dismissal—you believe the claim is groundless. Strategy: contest everything, present your own version, submit evidence that supports it.
Partial dismissal—you acknowledge part of the claim but not all. Strategy: specify precisely what you acknowledge and what you contest. Do not give the plaintiff more than he deserves.
Settlement—you prefer to end the matter without judgment. Strategy: you must still file an answer, but you can signal willingness to negotiate. A strong procedural position strengthens your negotiating position.
Buying time—sometimes you need time to gather funds, sell assets, prepare for defeat. A risky strategy, but sometimes rational.
The objective determines the content. An answer written without strategy is an answer written blind.
Collaboration: You Know the Facts, the Lawyer Knows the Procedure
Reality is not an American legal drama. The lawyer will not arrive by helicopter, will not interview witnesses independently, will not uncover hidden documents.
You know the facts. You know what happened, where the documents are, who can testify. Without this knowledge, the lawyer is helpless.
The lawyer knows the procedure. She knows what matters to the court, how to formulate evidentiary propositions, which objections to raise, what not to omit. Without this knowledge, you are helpless.
Only collaboration produces synergy. A party who tries alone risks missing something crucial. A lawyer without access to facts works in a vacuum.
What We Do
We analyze the complaint—before we write the answer, we understand what you face. What claim, what basis, what evidence. Where the plaintiff is strong, where weak.
We build strategy—objective, tactics, line of defense. What you contest, what you might acknowledge, which objections to raise.
We gather material—together with you. You provide facts and documents; we formulate assertions and evidentiary propositions.
We write the answer—complete, precise, compliant with formal requirements and strategically sound.
We watch the deadlines—because two weeks is two weeks. Not a day more.
Final Thought
Sun Tzu wrote: “Every battle is won or lost before it is fought.” In civil litigation, the answer to a complaint is that moment—the instant when you arrange the chessboard for the rest of the game.
A good answer does not guarantee victory. But a poor one nearly guarantees defeat.
You have two weeks. Use them wisely.