8.04 Effect of failure to deny

If someone files a legal paper that doesn't need or allow a response, the law treats those statements as if they were denied. But if a paper does call for a response, like an answer to a complaint, things work differently. Any claim that isn't specifically denied in the response is treated as admitted, meaning the court accepts it as true.

There are some important exceptions to this, though. Even if the other side doesn't deny certain claims, the person making those claims still has to prove them in court. This applies when the claim involves someone who has a legal disability, such as a minor or a person who isn't able to represent themselves. It also applies to claims needed to win a divorce case. Finally, it applies to claims about the value of something or the amount of damages, unless that amount is an exact number or can be figured out through simple math.

In short, staying silent about most claims in a lawsuit can count against you and be seen as agreeing with them. But some special types of claims always require proof, no matter how the other side responds.