Wisconsin Answer, Crossclaim and Affirmative Defenses

Definition. This 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.

Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,

Courts have developed a three part test in examining the affirmative defenses subject to a motion to strike: (1) the matter must be properly pleaded as an affirmative defense; (2) the matter must be adequately pleaded under the requirements of Federal Rules of Civil Procedure 8 and 9; and (3) the matter must withstand

An affirmative defense operates to prevent conviction even when the prosecutor has proof beyond a reasonable doubt as to every element of the crime. Some jurisdictions place the burden on the defendant to prove the defense, while others require that the prosecution disprove the defense beyond a reasonable doubt.

The defendant may also raise counterclaims or affirmative defenses. If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an "answer to a counterclaim." The form and content of an "answer to a counterclaim" is similar to that of an answer.

31 Affirmative Defenses And How To Assert Them.

13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.

(1) Unless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.

In addition to admitting or denying the plaintiff's allegations, an answer must contain the defendant's affirmative defenses for which the defendant bears the burden of proof at trial.