Skip to Main Content

Responding to a Civil Lawsuit: Types of Responses

San Diego Law Library

 

The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.

 

Support the San Diego Law Library

 

Was this research guide helpful? Please consider giving a tax-deductible donation so we can continue to provide access to legal information.

Thank you for your support!

Overview

You have a few options for filing in responding to the complaint, including:

With any response, you will file in the same courthouse that the complaint was filed in. You will take your original, plus two copies, to the clerk's office. You will have to pay a filing fee with your response, but you also have the option to request a fee waiver.

All responses must be served on the plaintiff. You may do this either before or after filing with the court, so long as all responses are filed within the 30-day deadline. To properly serve your response, the documents must be personally delivered or mailed by someone who is not a party to the case. For more information on Service of Process, review the Self-Help section of the California Courts website.

After Service of Process is complete, you must file a Proof of Service form with the court clerk.

Cross-Complaints

If you have a complaint against the plaintiff, codefendant, or even someone else not yet in the case, arising out of the same events that led to the original lawsuit, you can file a cross-complaint at the same time you file your answer. The process for filing will depend on whether the cross-complaint is against someone who is already in the lawsuit, and the process can become complicated rather quickly. However, in some cases, if you fail to file a cross-complaint with your answer, you will lose your rights to bring the lawsuit at a later time.

Cross-complaints are outside the scope of this guide. You should perform additional research or obtain legal advice if you believe you have a cross-complaint to pursue.