The purpose of pleadings in civil actions is to define the issues of the lawsuit. This is accomplished by each party making allegations of fact and the other party either admitting the allegations or denying them.

The first of the pleadings is usually called a complaint. A complaint is a written state-ment which sets forth the plaintiffs allegations against the defendant. After the plaintiff files with the clerk of the court his complaint, the clerk issues a summons that together with a copy of the complaint,,is served on the defendant. The summons notifies the defendant of the date by which he is required to file his response.

If the defendant has no basis to attack the sufficiency the complaint, he may simply file an entry of appearance, which means that he admits the truth of all allegations in the complaint. In most cases however, the defendant will file an answer either admitting or denying each material allegation of the complaint. The answer will put in issue the allegations of the complaint that are denied. In addition to admissions and denials, the defendant can also make affirmative defenses and counterclaims in the answer.

Upon receipt of the defendant's answer, the plaintiff will,unless the applicable rules of procedure do not so require，file a reply that specifically admits or denies each new allegation in the defendant’s answer. Thus the allegations of each party are admitted or denied in the pleadings. Allegations of fact claimed by either party and denied by the other become the issues to be decided at the trial.

A defendant who files no answer to the complaint is in default, and a court may assume that he has admitted the allegations of the plaintiff and enter a default judgment against him.

Instead of admitting or denying the allegations of the complaint, the defendant may choose to challenge the complaint by a motion to dismiss. This motion may challenge the court,s jurisdiction over the subject matter or over the defendant’s person, the service of process, or venue. It may also be a motion to dismiss which challenges the legal sufficiency of the complaint. In the latter case, the defendant, for purposes of argument, accepts

the facts alleged in the complaint but denies that they are legally sufficient to sustain the claim of the plaintiff.

If the motion to dismiss is denied，the defendant will then be granted time to answer the complaint. If the court allows the motion and dismisses the suit because the complaint is legally insufficient, the plaintiff will be given permission to file an amended complaint.

1. What become the issues to be decided at trial?
2. At what stage do these issues become clear?
3. What is a default judgment?
4. What can a defendant do in his pleading-in-answer ?
5. On what grounds can a defendant make a motion to dismiss?