Reply to action brought by prisoner

Checkout our iOS App for a better way to browser and research.

  1. (a)

    1. (1)

      1. (A) Any defendant may waive the right to reply to any action brought by an incarcerated person, defined for purposes of this section as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing, under Section 1979 of the Revised Statutes of the United States, 42 U.S.C. § 1983, or any other federal law or state law.

      2. (B) Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the complaint.

    2. (2) No relief shall be granted to the plaintiff unless a reply has been filed.

  2. (b) The court may require any defendant to reply to a complaint brought under this section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.


Download our app to see the most-to-date content.