Whether a Court Response Must Answer Every Numbered Allegation

Attorney Answer

No — respond to all of it. The lettered allegations are not the whole document, and anything you were required to deny and did not can be treated as admitted.

Idaho Rule of Civil Procedure 8(b) sets the duty: a party responding to a pleading must admit or deny the allegations asserted against it by the opposing party. A denial has to fairly respond to the substance of the allegation. If only part of an allegation is true, you admit that part and deny the rest. And if you genuinely do not know, I.R.C.P. 8(b)(5) provides that stating you lack knowledge or information sufficient to form a belief has the effect of a denial.

Notice what the rule runs to: "the allegations" — not just the ones the drafter happened to label a, b and c.

I.R.C.P. 8(b)(6) is the consequence. An allegation, other than one relating to the amount of damages, is admitted if a responsive pleading is required and the allegation is not denied.

So here is the practical picture. The numbered paragraphs usually carry the factual scaffolding — who the parties are, where the child has been living, what any existing order says, what she claims happened and when. The lettered a–c are her three headline accusations. If you answer only a–c, you have quietly admitted every numbered paragraph, which may include facts you would badly want to contest at a hearing.

One thing to check: family-law matters in Idaho are governed by their own set of procedural rules, which have their own general-pleading provision. The safe practice is identical either way — respond to every paragraph — but look at the caption of the document, the court's instructions, and any fill-in form you were given. If the court gave you a form response, use the form.

What you can do

1. Number your response to mirror hers exactly — paragraph 1 through the last numbered paragraph, then a, b and c. 2. For each one write "Admit," "Deny," or "I lack knowledge or information sufficient to form a belief as to this allegation and therefore deny it." 3. Where part of a paragraph is true and part is not, admit the true part and deny the rest in the same response. Do not deny something obviously true — it damages your credibility on the parts that matter. 4. After the admissions and denials, add your own statement of the facts and state clearly what you are asking the court to do. 5. File it with the clerk by the deadline on your papers and deliver a copy to her or her attorney, keeping proof of how and when you delivered it. 6. Keep a file-stamped copy for yourself.

⏱ Time limits apply. Your response is due by the date stated in the documents you were served with, and under I.R.C.P. 8(b)(6) an allegation you were required to deny and did not is admitted. How long you have runs from service, so it depends on your specific facts and how you were served.