QUESTION: Can a Complaint be considered a Responsive Pleading, when it's filed after the Answer?
Re NV EVICTIONS: Landlord serves Notice -> Tenant files Answer -> Landlord files Complaint -> Hearing.
SCENARIO: Tenant files same Answer/Argument every time. Landlord fails to appear or moves for Dismissal, Judge shops, & tries again - rather than rebut. We've been through this 5 times.
Can we argue averment under NRCP 8(d) & maybe estoppel?
1 Answer from Attorneys
In two decades of civil practice, I have never heard of an answer being filed prior to the complaint. To what are you answering? The complaint is the initial appearance in any civil litigation, and before there is a complaining party, there is nothing to defend. If you are filing a "pre-emptive answer," it likely would be disregarded as an errant pleading. Most courts are a bit more forgiving of violations of the rules of procedure when a party is appearing in pro per (representing himself/herself), so it may be the answer is being considered as though it were properly sequenced.
I am not sure why you would wish to classify the complaint as a responsive pleading, though. Are you perceiving some sort of procedural advantage in that?
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