Just got sued and wondering whether to answer or fight back with a motion? Learn when to deny, when to dismiss, and how to choose the right strategy.

In civil litigation, your first response to a lawsuit sets the tone for the entire case. You typically have two options: file an Answer or file a Motion to Dismiss. But they’re not interchangeable. Each serves a different purpose, is used at a different stage, and leads to different outcomes.

This guide breaks down the core differences so you can make a smart, strategic first move.

What’s the Purpose of Each?

📝 The Answer

The Answer is your official reply to each allegation in the plaintiff’s complaint. You admit, deny, or claim lack of knowledge—and you can assert defenses or even counterclaims.

⚖️ The Motion to Dismiss

A Motion to Dismiss challenges the legal sufficiency of the complaint. It says: “Even if everything the plaintiff said is true, there’s no legal basis for a lawsuit.”

When Should You File Each?

• Answer: Usually filed 20–30 days after you're served (depending on your jurisdiction).

• Motion to Dismiss: Filed before the answer deadline. If you file a motion first, you pause the clock on the answer until the court rules.

What Do They Contain?

📄 Answer Includes:

• Admissions and denials for each allegation

• Affirmative defenses (e.g., statute of limitations, consent)

• Counterclaims or cross-claims, if applicable

• A prayer for relief (what you want the court to do)

📄 Motion to Dismiss Includes:

• Legal arguments only

• Claims that the case should be thrown out because:

  • The complaint doesn’t state a valid legal claim

  • The court lacks jurisdiction

  • The statute of limitations has expired

What Legal Grounds Do They Rely On?

• Answer: Based on facts and your side of the story

• Motion to Dismiss: Based solely on the law—even assuming the plaintiff’s facts are true

What Happens After Filing?

If You File an Answer:

• The case proceeds to discovery

• You exchange documents and evidence

• Pretrial motions, settlement talks, or trial follow

If You File a Motion to Dismiss:

• If it’s granted, the case (or some claims) may be dismissed

• If it’s denied, you must file an answer

• A successful motion could end the case early

Which Has More Impact on Case Progress?

• An Answer keeps the case moving forward

• A Motion to Dismiss can stop the lawsuit in its tracks—at least temporarily

Strategic Considerations

Strategy When to Use It Answer When you're ready to defend on the merits and assert your side Motion to Dismiss When the complaint is weak, vague, or legally flawed Both (Sequentially) You can file a motion first, then file an answer if the motion fails

Conclusion: Answer or Dismiss? Choose Wisely.

Filing an Answer or a Motion to Dismiss is a critical decision that can shape the rest of your lawsuit. If you ignore the complaint or respond incorrectly, you risk a default judgment—where the court rules against you automatically.

💼 Let Legal Husk Help You Strategize Your First Move
Whether you want to knock the case out early or craft a bulletproof answer, our legal writing experts have your back.

📌 Need help drafting your answer or motion to dismiss?
We’ll make sure your response is timely, strategic, and compliant with court rules.

📞 Reach out today or visit us online.
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🔗 legalhusk.com
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💬 Start strong—start with Legal Husk.

🧠 Pro Tip: Don’t wait until the deadline creeps up. Plan your response strategy as soon as you’re served.

📩 Ready to take the right legal step?
Let Legal Husk help you respond with confidence.