When must a defendant file a written answer, and when does the provision excuse the defendant from doing so?
General information · Not legal advice
Material to check
For this exercise, we read the proof of service of the copy of the complaint, which shows the date the period runs from and how the papers were delivered; any record of service by public notice; and the answer itself, with the court's receipt stamp, which shows what was filed and when.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as conditional on the defendant's position: where the defendant disputes the plaintiff's claim, the defendant shall file a written answer within the period the provision sets, counted from the day the copy of the complaint was served, and where the copy was served by public notice this duty does not apply.
Another reading stresses that the provision sets a duty and a period but says nothing about what follows if no answer is filed in time, so the sanction for silence is left open by this provision alone.
Your judgment
How would the file show that the defendant disputes the claim, as distinct from merely letting the period pass without answering?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period, the starting event or the public notice exception, or if a court decision explains the effect of not filing an answer in time.