averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet thesubstance of the averments denied.(d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading isrequired, other than those as to the amount of damage, are admitted when not denied in theresponsive pleading.
. The defendant has not filed an answer within the allotted reasonable time of 21 days. Theyreceived a copy of my counterclaim on April 7, 2011 (See Page 8). 21 days from then was onApril 28, 2011. If you count only business days, the time to file their answer would have been onMay 6, 2011. As of this date, no answer has been given by the defendant. Their silence isacquiescence to my claims as stated in my counterclaim, by not only the
common law doctrineof estoppel by acquiescence
, but also by the related doctrine of
silence is acquiescence
foundin case precedent mentioned in many U.S. Supreme Court rulings.The common law doctrine of
is applied when one party gives legalnotice to a second party of a fact or claim, and the second party fails to challenge or refute thatclaim within a reasonable time. The second party is said to have acquiesced to the claim, and isestopped from later challenging it, or making a counterclaim.
Silence is acquiescence
acquiescence by silence
) is a relateddoctrine that can mean, and have the legal effect, that when confronted with a wrong or an actthat can be considered a tortious
act, where one’s silence may mean that
one accepts or permitssuch acts without protest or claim thereby loses rights to a claim of any loss or damage.