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Affirmative Defense

An affirmative defense is one that must be asserted in the defendant's pleadings responsive to the civil petition filed against him. Beyond just a denial of the charge, an affirmative defense is comprised of a statement containing facts which, if true, will excuse the conduct complained of by the plaintiff. This rule provides notice of the affirmative defense to the plaintiff. In some states, the defendant will not be allowed to present evidence in support of an un-plead affirmative defense.  

 


 


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