Legal Question in Civil Litigation in Maine
In order to refute some facts presented in a Complaint and/or Summary Judgement motion, is it necessary to submit a legal document?
Asked on 3/17/10, 1:31 pm
1 Answer from Attorneys
David Marchese
Drummond & Drummond, LLP
Yes. A complaint requires an "Answer" to each allegation. If you don't deny an allegation in a Complaint, then it is deemed to be admitted, and typically you can't refute it later. Summary judgment replies are even more technical and difficult, with many traps for the unwary. A failure to respond adequately under the very strict rules will lead to a disastrous result. I don't recommend your doing this without hiring an attorney! Good luck.
Answered on 3/22/10, 5:37 pm