Arizona Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

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Multi-State
Control #:
US-00964BG
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Word; 
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Description

A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, assumption of risk is sometimes a defense which a defendant can raise. In raising such a defense, defendant basically states that the plaintiff knowingly assumed the risk of the harm that was caused. The Second Defense of this form gives an example of pleading such a defense.


This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.


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FAQ

Rule 8 of the Arizona Rules of Criminal Procedure governs the maximum time limit when a trial must begin after charges have been filed. This is often called the ?Speedy Trial Right?.

In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: (A) and satisfaction; (B) arbitration and award; (C) assumption of risk; (D) contributory negligence; (E) duress; (F) estoppel; (G) failure of consideration; (H) fraud; (I) illegality; (J) laches; (K) ...

Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (a) Motion for Order Compelling Disclosure or Discovery (1)Generally. Subject to Rule 26(d), a party may move for an order compelling disclosure or discovery.

List of Affirmative Defenses Abandonment of Trademark. and Satisfaction. Acquiescence. Act of God. Adequate Warning. Adhesion. Adverse Possession. Agency.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.

Several defenses can be used in Arizona. These include self-defense, insanity, and justification. Duress belongs under the affirmative defense justification. This means that a crime has been committed but under mitigating circumstances that should negate the guilt of the defendant.

If you file an Answer to the lawsuit and defend yourself in court, you can state an affirmative defense. You can deny what the plaintiff says you did without saying anything else. But you can also have affirmative defenses. You must raise it in your Answer or you may give up your right to bring it up later.

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Arizona Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk