If a plaintiff does not file a reply to an answer that contains new matters, what is the general effect on those new matters?

If a plaintiff does not file a reply to an answer that contains new matters, what is the general effect on those new matters?

• A. The new matters are deemed admitted.
• B. The new matters are deemed controverted.
• C. The court will strike the new matters.
• D. The plaintiff’s failure to reply causes dismissal of the case.

Answer: (B)

When an answer raises new matters that the plaintiff must address, the plaintiff should file a reply specifically dealing with those new matters. If no reply is filed, the new matters are deemed controverted—that is, they remain disputed and still need to be proven or disproven at trial. This setup ensures that defenses or additional facts aren’t accepted by silence and keeps those issues alive for adjudication. It isn’t an automatic admission, it isn’t something the court strikes on its own, and it doesn’t by itself dismiss the case; it simply leaves the new matters as contested issues to be resolved with proof.

When an answer raises new matters that the plaintiff must address, the plaintiff should file a reply specifically dealing with those new matters. If no reply is filed, the new matters are deemed controverted—that is, they remain disputed and still need to be proven or disproven at trial. This setup ensures that defenses or additional facts aren’t accepted by silence and keeps those issues alive for adjudication. It isn’t an automatic admission, it isn’t something the court strikes on its own, and it doesn’t by itself dismiss the case; it simply leaves the new matters as contested issues to be resolved with proof.