(a) Content. — A claim for relief is brought to issue by filing an answer. Every defense of law or fact to a claim for relief in a complaint, counterclaim, cross-claim, or third-party claim shall be asserted in an answer, except as provided by Rule 2-322. If a pleading setting forth a claim for relief does not require a responsive pleading, the adverse party may assert at the trial any defense of law or fact to that claim for relief. The answer shall be stated in short and plain terms and shall contain the following: (1) the defenses permitted by Rule 2-322 (b) that have not been raised by motion, (2) answers to the averments of the claim for relief pursuant to section (c) or (d) of this Rule, and (3) the defenses enumerated in sections (f) and (g) of this Rule.
Rule 2-323.Answer
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-323 spells out what an answer must contain — admissions and denials of each averment, negative defenses that must be pleaded specifically, a list of affirmative defenses, and, in some cases, an information report.
Full Text of Rule 2-323
(b) Preliminary determination. — The defenses of lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, and governmental immunity shall be determined before trial on application of any party, except that the court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial.
(c) Specific admissions or denials. — Except as permitted by section (d) of this Rule, a party shall admit or deny the averments upon which the adverse party relies. A party without knowledge or information sufficient to form a belief as to the truth of an averment shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. A party may deny designated averments or paragraphs or may generally deny all the averments except averments or paragraphs that are specifically admitted.
(d) General denials in specified causes. — When the action in any count is for breach of contract, debt, or tort and the claim for relief is for money only, a party may answer that count by a general denial of liability.
(e) Effect of failure to deny. — Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted unless denied in the responsive pleading or covered by a general denial. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. When appropriate, a party may claim the inability to admit, deny, or explain an averment on the ground that to do so would tend to incriminate the party, and such statement shall not amount to an admission of the averment.
(f) Negative defenses. — Whether proceeding under section (c) or section (d) of this Rule, when a party desires to raise an issue as to (1) the legal existence of a party, including a partnership or a corporation, (2) the capacity of a party to sue or be sued, (3) the authority of a party to sue or be sued in a representative capacity, (4) the averment of the execution of a written instrument, or (5) the averment of the ownership of a motor vehicle, the party shall do so by negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge. If not raised by negative averment, these matters are admitted for the purpose of the pending action. Notwithstanding an admission under this section, the court may require proof of any of these matters upon such terms and conditions, including continuance and allocation of costs, as the court deems proper.
(g) Affirmative defenses. — Whether proceeding under section (c) or section (d) of this Rule, a party shall set forth by separate defenses: (1) accord and satisfaction, (2) merger of a claim by arbitration into an award, (3) assumption of risk, (4) collateral estoppel as a defense to a claim, (5) contributory negligence, (6) duress, (7) estoppel, (8) fraud, (9) illegality, (10) laches, (11) payment, (12) release, (13) res judicata, (14) statute of frauds, (15) statute of limitations, (16) ultra vires, (17) usury, (18) waiver, (19) privilege, and (20) total or partial charitable immunity.
In addition, a party may include by separate defense any other matter constituting an avoidance or affirmative defense on legal or equitable grounds. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleading as if there had been a proper designation, if justice so requires.
(h) Defendant’s information report. — The defendant shall file with the answer an information report substantially in the form included with the summons if (1) the plaintiff has failed to file an information report required by Rule 2-111(a), (2) the defendant disagrees with anything contained in an information report filed by the plaintiff, (3) the defendant disagrees with a differentiated case management track previously selected by the court, or (4) the defendant has filed or expects to file a counterclaim, cross-claim, or third- party claim. If the defendant fails to file a required information report with the answer, the court may proceed without the defendant’s information to assign the action to any track within the court’s differentiated case management system or may continue the action on any track previously assigned.
Amendment History
Amended June 7, 1994, effective Oct. 1, 1994; Jan. 10, 1995, effective Feb. 1, 1995; Mar. 5, 2001, effective July 1 2001; Nov. 12, 2003, effective Jan. 1, 2004.
Plain-English Summary
Filing an answer brings the case to issue. It has to address every legal and factual defense to the claim that Rule 2-322 doesn't require to be raised earlier, and it has to be stated in short and plain terms. Ordinarily the defendant must go through the complaint averment by averment and admit or deny each one; a party without enough knowledge to admit or deny states that, and it counts as a denial. Denials have to meet the substance of what's denied — a party can deny specific paragraphs or generally deny everything except what it specifically admits. There's a narrower shortcut available only for counts seeking money damages alone for breach of contract, debt, or tort: those counts can be answered with a general denial of liability. Whichever approach is used, an averment that goes unanswered is deemed admitted, except for the amount of damages claimed — silence there doesn't concede the number.
Certain issues can't be raised by an ordinary denial. If a party wants to contest the legal existence of another party, someone's capacity to sue or be sued, authority to sue or be sued in a representative capacity, the execution of a written instrument, or the ownership of a motor vehicle, the answer has to raise it by a negative averment with supporting particulars — otherwise those matters are treated as admitted for purposes of the case (though the court can still require proof). Separately, a list of twenty enumerated affirmative defenses — among them accord and satisfaction, assumption of risk, contributory negligence, estoppel, fraud, laches, release, res judicata, the statute of limitations, and waiver — must be pleaded as separate defenses if the party intends to rely on them, along with any other matter that amounts to an avoidance or affirmative defense.
In some circumstances the defendant also has to file an information report with the answer: when the plaintiff never filed the required report, when the defendant disagrees with the plaintiff's report or with the case-management track the court assigned, or when the defendant is filing a counterclaim, cross-claim, or third-party claim.
Frequently Asked Questions
What must an answer contain in a Maryland circuit court case?
An answer must respond to every legal or factual defense not already raised by a Rule 2-322 motion, address each averment of the complaint by admission or denial, and raise any negative or affirmative defenses that apply.
What happens if I don't respond to something in the complaint?
Any averment you don't deny is treated as admitted, except the amount of damages claimed, which is never deemed admitted by silence.
When can I use a general denial instead of answering each paragraph?
Only for a count seeking money damages alone based on breach of contract, debt, or tort. Other counts require a paragraph-by-paragraph admission or denial.
What are 'negative defenses' under Rule 2-323?
Issues like a party's legal existence, capacity to sue or be sued, authority to sue in a representative capacity, execution of a written instrument, or ownership of a motor vehicle. These must be raised by specific negative averment, or they're treated as admitted.
Do I have to list affirmative defenses like the statute of limitations?
Yes. Rule 2-323(g) requires affirmative defenses such as the statute of limitations, contributory negligence, release, and res judicata to be set out as separate defenses in the answer.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: answer to complaint marylandaffirmative defenses maryland civilgeneral denial marylandhow to admit or deny a complaint marylandnegative defense maryland pleading