The Complaint might have procedural flaws that can save your client’s case. Here’s how to spot them in your Answer and raise them as defenses.
Not all defenses are based on the facts of the case. Some are grounded in procedural errors—issues that prevent the case from even moving forward. By carefully reviewing the complaint and crafting your Answer, you can identify procedural improprieties that could lead to the dismissal of the case or limit the plaintiff’s ability to proceed.
In this article, Legal Husk explores how to identify and raise procedural issues in your Answer to protect your client and avoid costly litigation.
✅ Procedural improprieties occur when the plaintiff fails to follow proper legal procedures in filing the complaint or in the way the case is being managed. These errors can include:
Improper service of process (e.g., wrong method or party served).
Lack of subject-matter jurisdiction or personal jurisdiction over the defendant.
Failure to state a claim upon which relief can be granted (i.e., the complaint doesn’t allege facts that constitute a legal claim).
Improper venue or forum non conveniens (wrong court for the case).
Failure to join indispensable parties (e.g., key individuals or entities missing from the case).
🎯 These procedural flaws can invalidate the lawsuit, or at the very least, significantly reduce its scope.
✅ Review how the plaintiff served the lawsuit:
Did the plaintiff serve the right party? (If the defendant is a corporation, was the company’s registered agent properly served?)
Was service made properly? (In some cases, service must be done in person, while others allow mail service).
Was the defendant served within the appropriate time frame?
🚫 If service is improper, assert this defense immediately to prevent the case from moving forward.
Example:
“Defendant asserts that the complaint was not properly served in accordance with [local rules], and therefore, the case should be dismissed.”
✅ Jurisdictional issues are common and can be raised in your Answer if:
Personal jurisdiction: The court does not have the authority to hear the case against the defendant because they lack sufficient contacts with the jurisdiction.
Subject-matter jurisdiction: The court does not have the authority to hear the type of case presented.
🎯 Always challenge jurisdictional flaws early—failure to do so waives the defense.
Example:
“Defendant denies that the court has personal jurisdiction over them, as they have no business operations or contacts within the jurisdiction.”
✅ The complaint must allege sufficient facts to state a plausible claim for relief:
If the complaint merely states conclusions or lacks necessary factual detail, file a motion to dismiss or raise the issue in your Answer.
This is a key opportunity to test whether the plaintiff’s case is legally valid at all.
🎯 A lack of a valid legal claim can stop the case before discovery starts, saving time and expense.
Example:
“Defendant denies that the complaint states a claim upon which relief can be granted, as it lacks factual allegations to support the plaintiff’s theory of liability.”
✅ If the case has been filed in the wrong jurisdiction or venue:
Challenge the venue in your Answer by stating that the proper court is located elsewhere.
Use forum non conveniens to argue that the case would be more appropriately heard in another jurisdiction, especially if the facts or witnesses are located elsewhere.
🎯 Raising venue issues early can move the case to a more favorable location for your client.
Example:
“Defendant asserts that the case was filed in an improper venue and requests transfer to the appropriate jurisdiction as defined by [rule or statute].”
✅ If the plaintiff has failed to include necessary parties:
Raise this issue in your Answer by asserting that certain individuals or entities should have been named in the complaint.
Failure to join an indispensable party can result in the dismissal of the case or the removal of certain claims.
🎯 Ensuring all necessary parties are included in the case can prevent future complications or delays.
Example:
“Defendant asserts that [Party Name] is an indispensable party to this action and must be joined for the case to proceed.”
✅ Some procedural issues, such as improper service, lack of jurisdiction, or failure to state a claim, must be raised in the Answer or within a certain period. Failing to raise them promptly can waive the defense.
🎯 If you plan to assert procedural improprieties, do so immediately in the Answer to avoid losing your right to argue them.
✅ Be clear and concise when asserting procedural defenses in your Answer:
Clearly deny the plaintiff’s claims when they are legally insufficient or improperly filed.
Assert the procedural defense using specific legal language and refer to the appropriate rules or statutes.
🎯 Using the correct legal language ensures that your procedural objections are taken seriously by the court.
In a personal injury case, the defendant identifies several procedural errors in the plaintiff’s complaint:
The defendant asserts lack of personal jurisdiction because the plaintiff failed to show that the defendant had any contacts with the state where the case was filed.
The defendant also raises improper service, claiming that the documents were served by mail instead of in person as required by state rules.
The defendant requests dismissal of the case on procedural grounds, which is granted by the court.
Result: The case is dismissed early, sparing the defendant from costly litigation.
Procedural improprieties offer powerful defenses in litigation. By identifying these issues early and asserting them in your Answer, you can minimize the risk of costly discovery, avoid unnecessary delays, and even get the case dismissed outright. Be vigilant about the procedural aspects of the case and use them to protect your client’s interests.
At Legal Husk, we help attorneys spot procedural issues and raise them effectively, ensuring that their client’s rights are defended at every step of the litigation process.
Need help identifying and asserting procedural improprieties in your Answer? Legal Husk ensures that every defense—procedural or substantive—is raised effectively and strategically.
📌 Ready to spot and raise procedural issues early in your litigation?
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Defend your client’s rights, and the case—strategically—with Legal Husk.
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