Indiana Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by Laches

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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. Laches is the legal doctrine that an unreasonable delay in seeking a remedy for a legal right or claim will prevent it from being enforced or allowed if the delay has prejudiced the opposing party.


The Second Defense of this form gives an example of pleading such a defense and 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

In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure.

In the state of Indiana, Affirmative Defenses are a type of pleading one would make as a defendant in a criminal case arguing that they did indeed commit the criminal action, but that also claim they are not responsible for the charged conduct.

In a criminal case, the prosecution has the burden of proof as to each element of the crime charged, and the criminal defendant has the burden of proof on any affirmative defenses (e.g., insanity, necessity, or self-defense).

If you want the judge to consider your legal defenses, you must include them in the form you file to respond to the lawsuit (your Answer). Include any possible defense you want the judge to consider in your Answer. You can focus on one, once you've collected more evidence while preparing for your trial.

The party raising the affirmative defense has the burden of proof on establishing that it applies. Raising an affirmative defense does not prevent a party from also raising other defenses. Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.

The criminal burden of proof for the prosecution is beyond a reasonable doubt. The criminal burden of proof for the defense is generally preponderance of evidence. States vary on whether they require the criminal defendant to meet both the burden of production and persuasion or just the burden of production.

In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.

29 In other words, a defendant has the burden of proving an affirmative defense, just as a plaintiff has the burden of proving a cause of action.

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Indiana Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by Laches