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. Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state.
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.
Colorado Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations In Colorado, when a defendant is served with a civil lawsuit, they have a legal obligation to file an answer within the specified time frame. An answer serves as the defendant's response to the allegations brought forth by the plaintiff. However, there are instances where the defendant may assert an affirmative defense, such as the cause of action being barred by the appropriate statute of limitations. The statute of limitations is a legal principle that sets a time limit within which a plaintiff must bring a lawsuit after the alleged incident or violation occurred. If the lawsuit is filed after the prescribed time period has expired, the defendant can raise the affirmative defense of statute of limitations, arguing that the plaintiff's claim is invalid and should be dismissed. In Colorado, there are different types of answers that defendants can file when asserting the affirmative defense of the cause of action being barred by the appropriate statute of limitations. These include: 1. General denial answer: The defendant can simply deny all the allegations made by the plaintiff, including any claims that may be time-barred. This type of answer indicates that the defendant disputes the plaintiff's claims, but it may not explicitly raise the affirmative defense of statute of limitations. However, the defendant can still assert this defense at a later stage in the litigation process. 2. Specific denial with affirmative defense: The defendant can explicitly deny the allegations made by the plaintiff while also asserting the affirmative defense of statute of limitations in their answer. This type of answer highlights that the defendant believes the plaintiff's claim is time-barred and provides a legal basis to support this defense. 3. Verified answer: In certain cases, the defendant may be required to submit a verified answer, which is sworn under oath. This type of answer carries more weight and credibility since it indicates that the defendant's response is made with the utmost seriousness and truthfulness. A verified answer may be necessary when asserting the affirmative defense of statute of limitations as it strengthens the defendant's position. When filing an answer that includes the affirmative defense of the cause of action being barred by the appropriate statute of limitations, it is crucial for defendants to provide specific details and legal arguments supporting their defense. They need to demonstrate that the applicable statute of limitations has indeed expired and that the plaintiff's lawsuit is time-barred as a result. In conclusion, when a defendant in Colorado is faced with a civil lawsuit and wishes to assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations, they have various options for structuring their answer. Whether it is a general denial, specific denial with affirmative defense, or a verified answer, defendants must ensure they provide compelling arguments and evidence to support their defense under Colorado law.
