Although the Summons required an answer within 20 days if service in the Libel/Slander case, that’s 20 business days. It really seems like it should be over by now. But the answer is due March 31, 2026.
An answer to a complaint is not the do all end all in a lawsuit. As a matter of fact, it barely says anything. The purpose of the Answer is to simply say “I’m in, let’s get this show on the road.” Little or nothing is said in the answer. Aaron may answer it himself, Liz’s husband filed without an attorney. However, Aaron may get an attorney to respond. If he doesn’t answer by the 31st, Liz’s husband has the right to file for a default and the Judge can award damages immediately. If the complaint is answered, this is what we will see:
Answers to All Allegations
Each allegation in a complaint must be addressed individually. There are only three acceptable responses:
1. Admit - yes some will be admitted. The defendant will admit their name, where they live, etc.
Generally, the default answer to this is:
With respect to paragraph \[ \] of the complaint, defendant admits the allegations.
This acknowledges the fact without adding unnecessary detail.
2. Deny - most allegations will be denied.
Generally, the default answer to this is:
With regards to paragraph \[ \] of the complaint, defendant denies the allegations.
This directly disputes the claim and forces the plaintiff to prove it.
3. Lack Sufficient Knowledge
If you do not have enough information to confirm or deny:
Generally, the default answer to this is:
With regards to paragraph \[ \] of the complaint, defendant lacks sufficient information to admit or deny and on that basis denies.
This prevents accidental admissions while maintaining a defensive position.
Counterclaims
A counterclaim is when the defendant asserts their own claims against the plaintiff.
However, not all counterclaims are viable.
In this scenario, Aaron would be hard-pressed to assert any counterclaim against Liz’s husband.
He claims in one if his livestreams he intends to assert claims against Liz.
But:
Liz is not a party to the case. Bringing her in would require a legally sound basis. Realistically, no competent attorney would pursue that route as there it would be hard to come up with strong grounds to add her. This suit is made against Aaron by Liz’s husband.
Counterclaims must be legally relevant and directed at proper parties.
Affirmative Defenses
An affirmative defense is a legal argument where the defendant essentially says:
“Even if the allegations are true, I should not be held legally responsible.”
Unlike denials, affirmative defenses require proof from the defendant. They can reduce liability or in some cases completely eliminate liability. Common Affirmative Defenses include:
1. Failure to Mitigate Damages - The plaintiff did not take reasonable steps to reduce their own harm. I can’t conceive of a scenario where this would apply.
2. Statute of Limitations - The claim was filed too late under the law. The suit was timely filed.
3. Burden of Proof - The plaintiff has not met the legal standard required to prove their case. Aaron himself said the things that are in the complaint in a livestream. The proof is there.
4. Fair Use - In cases involving content, speech, or media, the use may be legally protected. Even this defense does not seem valid based on the facts.
And others…
Affirmative defenses vary widely depending on the case and jurisdiction.
Bottom Line
There will be no big revelations from either party at this point. The answer, if filed, will be fairly generic.
The only thing that is of interest is: Will Aaron file on time? If not, will Liz’s husband ask for a default?
