Lacking knowledge or information to form a belief about the truth of an allegation...

Lacking knowledge or information to form a belief about the truth of an allegation...

• A. State lack of knowledge or information; the statement has the effect of a denial
• B. Deny the allegation
• C. File a motion for summary judgment
• D. Submit a sworn affidavit

Answer: (A)

When answering a pleading, you must respond to each allegation with an admission, a denial, or a statement that you lack knowledge or information sufficient to form a belief about its truth. If you truly don’t know the facts or don’t have enough information to form a belief, you should state that you lack knowledge or information. That statement is treated as a denial for purposes of the pleading, ensuring the matter remains in dispute and can be explored through discovery and trial. This approach protects you from inadvertently admitting something you can’t verify and keeps the plaintiff’s burden on proving the allegation. Denying when you actually know the allegation is false is appropriate, but when you simply don’t have enough information, the proper remedy is the lack-of-knowledge statement, which functions as a denial. Summary-judgment motions belong later in the case, when the record is enough to show there’s no genuine dispute of material fact. A sworn affidavit is evidence used to support or oppose motions or to prove facts, not the initial responsive pleading to each allegation.

When answering a pleading, you must respond to each allegation with an admission, a denial, or a statement that you lack knowledge or information sufficient to form a belief about its truth. If you truly don’t know the facts or don’t have enough information to form a belief, you should state that you lack knowledge or information. That statement is treated as a denial for purposes of the pleading, ensuring the matter remains in dispute and can be explored through discovery and trial.

This approach protects you from inadvertently admitting something you can’t verify and keeps the plaintiff’s burden on proving the allegation. Denying when you actually know the allegation is false is appropriate, but when you simply don’t have enough information, the proper remedy is the lack-of-knowledge statement, which functions as a denial. Summary-judgment motions belong later in the case, when the record is enough to show there’s no genuine dispute of material fact. A sworn affidavit is evidence used to support or oppose motions or to prove facts, not the initial responsive pleading to each allegation.