When a plaintiff (person or entity) files a lawsuit, the person or entity being sued is generally known as the defendant. The defendant is served with (usually handed in person) a copy of the lawsuit, accompanied by information stating the time within which the defendant must file an answer to the lawsuit—usually 20 to 30 days after receipt of the lawsuit.
In Delaware, when a plaintiff initiates a lawsuit, the party being sued is referred to as the defendant. The defendant must be served with a copy of the complaint and a summons, which is the official notice of the lawsuit. Service of process is typically done in person, ensuring that the defendant is aware of the legal action. According to the Delaware Rules of Civil Procedure, the defendant generally has 20 days to file an answer or other responsive pleading to the complaint if the defendant is served within the State of Delaware. If the defendant is served outside of Delaware but within the United States, the time to respond may be extended to 30 days. The answer must address the allegations made by the plaintiff and may also raise defenses and counterclaims. Failure to respond within the specified time frame can result in a default judgment against the defendant, granting the plaintiff the relief sought in the complaint.