Affirmative Defense
Official Procedure - Last Updated: March 30, 2010
References
| CM/ECF Menu |
Adversary>Answer |
| Event |
Complaint, 3rd, cross, counter |
| Rules / Code / Resources |
Fed.R.Bankr.P. 11 U.S.C. ยง Local Rule |
Background
Black's Law Dictionary (Sixth Edition) Definition;
In pleadings, matter asserted by the defendant which, assuming the complaint to be true, constitutes a defense to it. A response to the plaintiff's claim which attacks the plaintiff's legal right to bring an actions, as opposed to the attacking the truth of claim. Under the Fed. Rules of Civil Procedures, and also under most state Rules, all affirmative defenses must be raised in the responsive pleading (answer); such defense include accord and satisfaction, assumption of risk, contributory negligence, duress, statute of limitations, estoppel, etc. See Fed.R. Civil P. 8(c).
Pleading Title
This document should be entitled Answer not Affirmative Defense. See procedure on Answer to Complaint.