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. Oral contracts can be just as valid and enforceable as written contracts.
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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In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense.
Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.
An affirmative defense is a defense that brings up new facts or issues not in the Complaint that, if true, would be a legal reason why the plaintiff should not win, or should win less than they're asking for. It is not a denial that you did what the plaintiff says you did.
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.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
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.
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.
