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.
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A statute of limitations is an affirmative defense. In order to rely on a statute of limitations as a defense, a defendant must specifically raise and plead the defense. A mere denial in an answer to a complaint will not raise the defense.
Statutes of limitations have other exceptions. Minors, for example, can sue up to two years after their 18th birthdays. A medical malpractice case involving birth injury, then, can have a statute of limitations for up to 20 years.
In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.
A common example is a breach of contract action, where a prospective plaintiff was damaged by another party's failure to fulfill its contractual obligation(s). In such a circumstance, a prospective plaintiff has six years from the breach of contract to timely bring his or her action.
(a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance ...
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.
Under Pennsylvania Rule of Civil Procedure 1030(a), a party must set forth all affirmative defenses "in a responsive pleading under the heading 'New Matter. ' A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading." Pa. R.C.P. 1030(a).
When arguing an affirmative defense, a defendant must meet the ?preponderance of the evidence? burden of proof ? a much lower standard. Subsequently, the burden of proof shifts back to the prosecution who must disprove the affirmative defense raised beyond a reasonable doubt.
