If an averment is not denied in a responsive pleading, what is its effect?

If an averment is not denied in a responsive pleading, what is its effect?

• A. The averments are dismissed
• B. The pleadings are void
• C. The court may strike the pleadings
• D. The averments are admitted

Answer: (D)

In North Carolina civil procedure, you must respond to each factual statement in a complaint with an admission or a denial. If you don’t deny an averment in your responsive pleading, that averment is treated as admitted for purposes of the case. This means the fact is considered true unless there’s some later action or evidence that changes the outcome, so the plaintiff doesn’t have to prove that point at trial. The rule prevents parties from lurking behind silence to avoid admitting facts that are plainly stated. An admitted averment can help focus proof on the remaining issues in the case.

In North Carolina civil procedure, you must respond to each factual statement in a complaint with an admission or a denial. If you don’t deny an averment in your responsive pleading, that averment is treated as admitted for purposes of the case. This means the fact is considered true unless there’s some later action or evidence that changes the outcome, so the plaintiff doesn’t have to prove that point at trial. The rule prevents parties from lurking behind silence to avoid admitting facts that are plainly stated. An admitted averment can help focus proof on the remaining issues in the case.