Legal Question in Intellectual Property in California

I'm a defendant in a civil action in Federal Court (Central Division). I'm representing myself. How can I file the answer that is due tomorrow?


Asked on 6/19/14, 2:09 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Do you have your Answer written yet? In other words, is the question really only about how to file it, or are you asking the much broader question regarding how to compose an Answer. This latter question involves substantive, stylistic and mechanical aspects, e.g., the Court expects Answers (and other pleadings) to be typed or printed on pleading paper.

Next question is why have you let this go until the last day?

You have several options, none of them very good. These include:

(1) Call the Plaintiff's attorney and ask for more time to prepare and file your Answer.

(2) Don't call, but get your Answer on file as soon after the deadline as possible..... many plaintiffs don't file a Request for Default immediately upon the expiration of the allotted time (but you can never tell how long they'll wait, if at all).

(3) Try to find an attorney who can cobble together some kind of Answer for you, with the thought of at least getting something filed to prevent a default being taken by the Plaintiff, then when time permits (and if necessary), file an Amended Answer.

There are filing services that can handle the physical delivery of your Answer to the Court clerk after you send it to them by e-mail or FAX --- but they won't write it for you.

I would, under normal circumstances, offer to write a basic Answer and file it for you by tomorrow, except I'm going to be leaving the office about 9 a.m. tomorrow.

Don't forget there is also a filing fee.

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Answered on 6/19/14, 2:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I should probably add that the Federal courts are pushing electronic filing, and attorneys must file electronically. Self-represented parties can still file paper documents over-the-counter. The various rules and procedures are available on line at https://www.cacd.uscourts.gov and there is quite a lot of helpful information regarding filing, payment of fees, etc.

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Answered on 6/19/14, 2:41 pm


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