This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Puerto Rico General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
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FAQ
Primary tabs. An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
Section 720 ILCS 5/3-2 - Affirmative defense (a) "Affirmative defense" means that unless the State's evidence raises the issue involving the alleged defense, the defendant, to raise the issue, must present some evidence thereon.
In conclusion, the main difference between a counterclaim and an affirmative defense is that a counterclaim is a claim made by a defendant against the plaintiff. In contrast, an affirmative defense is a defense raised by the defendant in response to the plaintiff's claim.
Florida Rule of Civil Procedure 1.100(a) states that ?if an answer ... contains an affirmative defense and the opposing party seeks to avoid it, the opposing party shall file a reply containing the avoidance. No other pleadings shall be allowed.? (Emphasis supplied.)
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.
A reply to affirmative defenses generally contains the following elements, in this order: ? A caption ? Denials and admissions of the allegations of the affirmative defenses ? Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of the ...
