Illinois Additional Affirmative Defense To Plaintiff's Third Amended Complaint
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FAQ
When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license -
Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. If you want the court to consider your legal defenses you MUST include them in your Answer. Therefore, any possible defense you might want the court to consider at trial should be in your Answer.
A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime.
Rule 182 - Time for Pleadings and Motions Other Than Those Directed to Complaint (a)Replies. Replies to answers shall be filed within 21 days after the last day allowed for the filing of the answer. Any subsequent pleadings allowed or ordered shall be filed at such time as the court may order.
735 ILCS 5/2-608 (emphasis added). In contrast, an affirmative defense is a defense that, if proven, would mitigate or eradicate the defendant's negligent conduct alleged in the complaint. An affirmative defense is not a separate cause of action.
Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,
A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true. A plaintiff sets forth a claim in a civil action by making statements in the document called the complaint. An affirmative defense is also allowed under rules of CRIMINAL PROCEDURE.
While the availability of an affirmative defense will depend on the state, there are generally two categories of affirmative defenses, justifications and excuses.
When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license -