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.
In New Jersey, when a defendant in a civil lawsuit is being sued and wishes to assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations, they can submit various types of answers. These answers are comprehensive documents that provide a detailed response to the allegations made by the plaintiff and present arguments supporting the defendant's defense. The types of New Jersey answers by defendants in civil lawsuits asserting the affirmative defense of the cause of action being barred by the appropriate statute of limitations may include: 1. General Denial Answer: This type of answer includes a general denial of all allegations made by the plaintiff. It typically states that the defendant denies the plaintiff's claims and demands strict proof. The defendant may also assert the statute of limitations defense in this type of answer, along with any other relevant defenses. 2. Affirmative Defense Answer: This answer goes beyond a general denial and specifically asserts the affirmative defense of the cause of action being time-barred by the appropriate statute of limitations. The defendant will outline the relevant facts, citing the specific statute of limitations that applies to the type of claim being made by the plaintiff. 3. Plea in Bar Answer: In this type of answer, the defendant raises a "plea in bar" defense, specifically asserting that the plaintiff's claims are barred by the statute of limitations. The defendant will provide a detailed explanation of why the cause of action is time-barred and present any supporting evidence or legal arguments. 4. Partial Affirmative Defense Answer: If the defendant believes that some but not all the plaintiff's claims are barred by the statute of limitations, they can submit a partial affirmative defense answer. Here, the defendant will assert the statute of limitations defense only for specific claims, while also addressing other claims separately. When crafting their New Jersey answer to assert the statute of limitations defense, defendants should incorporate relevant keywords like "affirmative defense," "statute of limitations," "time-barred," "complaint," "plaintiff," "defendant," "answer," "plea in bar," and "cause of action." Including these keywords will help ensure legal accuracy and improve the search engine optimization of the content.
