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Q: How to write/file a Written Legal Response being Serverd as a defendant in CA ( Answered 4 out of 5 stars,   2 Comments )
Subject: How to write/file a Written Legal Response being Serverd as a defendant in CA
Category: Business and Money
Asked by: mnradi-ga
List Price: $20.00
Posted: 19 May 2005 12:32 PDT
Expires: 18 Jun 2005 12:32 PDT
Question ID: 523404
I have been given a Summons by a Lawyer and the Superior Court of San
Diego South County Division. I need to write/file a written response
to the court in "proper legal form" How do I do this and is their a
legal form I can use.

Request for Question Clarification by nenna-ga on 20 May 2005 11:22 PDT
Hello mnradi-ga,

Could you let me know what type of summons it is? Is it for a
Petition, Deposition, etc?

The more details you provide, the better I or someone else can help you.


Request for Question Clarification by nenna-ga on 20 May 2005 12:19 PDT
I'm sorry, it's been a long day and I read subpoena instead of summons...

Once again, disregard the clarification request, for which type of
summons, although details about the summons would be helpful.

Subject: Re: How to write/file a Written Legal Response being Serverd as a defendant in C
Answered By: nenna-ga on 20 May 2005 13:25 PDT
Rated:4 out of 5 stars
Good afternoon mnradi-ga!  
I would like to give you a bit of information concerning the Summons
you received.  First, please let me clarify that I am not an attorney;
however, I am a paralegal, have worked in the law field for many
years, and have a good understanding of Court pleadings.
 All civil cases begin when the Plaintiff files a written document
called a Complaint (or, in some kinds of cases, a Petition) along with
a Praecipe for Summons with the court. The Clerk of the Court issues a
summons that is served on the Defendant along with a copy of the
Complaint. The Defendant has THIRTY DAYS to file an ANSWER with the
court (except in eviction cases, where the Defendant generally has
just 5 days). The Defendant may answer (admit or deny) each of the
allegations and present reasons that the Plaintiff is not entitled to
the relief he or she seeks. IF THE DEFENDANT FAILS TO RESPOND IN THE
 - - - - - - - - - - - - - - - - - - - - 
The following is an example of the standard ANSWER body (which is put
below the heading of [plaintiff v. defendant]:
(indent) COMES NOW the Defendant, [YOUR NAME], by and through his/her
attorney of record, and for answer to Plaintiff?s  Complaint states
and alleges as follows:
(indent) 1.       Defendant denies each and every allegation contained
in Plaintiff?s Complaint except those allegations hereinafter
(indent) 2.       Defendant admits (or denies) Paragraph 1 of
Plaintiff?s Complaint.
And so on and so forth until you have admitted or denied each portion
of the Petition/Complaint. The ending should be as follows:
(indent) WHEREFORE, having fully answered Plaintiff?s
Petition/Complaint, Defendant respectfully requests the same be
dismissed at Plaintiff?s costs.
(indent)  DATED this _____ day of _______, 2005.
(A signature line should go here along with your name and address or
the name and address of your attorney - this will be in the far right
Additionally, you will have to add a Certificate of Service at the bottom:
(indent) It is hereby certified that a true and correct copy of the
foregoing Answer was mailed on the _____ day of _______, 2005, by
United States Mail, postage prepaid, to the following individual(s):
(indent) [Name and address of the attorney who served the summons]
(You or your attorney signs this line - this will be in the far right corner)
 - - - - - - - - - - - - - - - - - - - - - 
You will then file the ORIGINAL Answer with the Superior Court (no
filing fee is needed) and send a copy to the Plaintiff?s Attorney.  If
you would like a file stamped copy to be sent back to you, be sure to
include a cover letter letting them know you have provided them an
extra copy of the Answer and a SASE for the return of a ?file-stamped?
A typical letter should read as follows:  
Dear Clerk:
Enclosed please find an original and one copy of an Answer for filing
in the above-captioned matter.
 	Kindly return a file-stamped copy of the Answer in the
self-addressed stamped envelope enclosed for your convenience.
 	Thank you for your services in this regard.
Be sure to include the name of the case and case number in the Re:
line of the letter.
The margins of any legal pleading need to be 1? on top and bottom, .5?
on the sides. It should be printed on plain white paper or white bond
 - - - - - - - - - - - - - - - - - - - - - 
Please be aware that filing or defending a case in court can be very
complicated. There are many rules and procedures to follow, and the
courts differ in how some things are done. Also, many cases require
immediate kinds of actions that a person with little or no legal
training may be unaware of.
If you insist on representing yourself, you might find some helpful
information  from the State Bar. They offer helpful publications on a
variety of topics. Many local bar associations provide free booklets
and services. You can contact them at:
The State Bar of California
180 Howard Street
San Francisco, CA 94105
This voluntary organization of state court judges has produced a
variety of pamphlets covering court structure, jury duty, appellate
courts, civil courts, criminal courts, evidence, fair procedures,
juvenile justice, juvenile rights, and small claims court. It also has
produced videotapes demonstrating criminal court and juvenile justice
California Judges Association
301 Howard Street Suite 1040 
San Francisco, CA 94105 
Most California counties have a public law library that can be of
service to litigants who wish to represent themselves or to anyone
interested in legal research. A variety of publications and resource
directories covering many aspects of the law are also available in
public libraries.
Please take my advice and talk to a lawyer. Most lawyers will be happy
to give you a free consultation. If you need legal help, look in the
Yellow Pages of the phone book under "Attorney Referral Services,"
"Attorneys," or "Lawyers. Additionally, free legal services for
qualified poor people are available from the National Legal Services
Corporation (e.g., Legal Aid Society and Legal Services Foundation).
Please be aware that only the Court can appoint a public defender to
represent a Defendant in the courtroom. If a public defender is not
available in your area, a judge in most cases will appoint a private
attorney to represent you at no charge.
Blacks Law Dictionary, Bryan A. Garner, Editor in Chief
West Group, 2001
California Courts Reference
( )
If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this

Google Answers Researcher
mnradi-ga rated this answer:4 out of 5 stars
Very Helpful , THANK YOU

Subject: Re: How to write/file a Written Legal Response being Serverd as a defendant in C
From: daniel2d-ga on 19 May 2005 21:52 PDT
Go the clerk of the court.  They should be able to provide the forms
or at the least let you look at similar cases with their responses
(they are public records).
Subject: Re: How to write/file a Written Legal Response being Serverd as a defendant in C
From: nenna-ga on 22 May 2005 11:44 PDT
Thank you for your nice comments. Glad I could help!


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