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Last updated March 22, 2009 Affirmative Defenses FRCP 8(c) lists some 19 affirmative defenses:

Accord and satisfaction Arbitration and award Assumption of risk Contributory neligence Discharge in Bankruptcy Duress Estoppel Failure of Consideration Fraud Illegality

Injury by fellow servant Laches License Payment Release res judicata Statute of frauds Statute of limitations Waiver

and finishing up with "any other matter constituting an avoidance or affirmative defense" just in case they forgot anything. Any defense which relies on facts particularly within the defendant's knowledge is likely to be found to be an affirmative defense. Affirmative defenses must be explicitly pleaded in the answer, if the defendant is to raise them at trial. They cannot raise them later. The are basically facts that either invalidate the claims, such as the statute of limitations has expired, or show the claims are baseless, such as you had permission to be where you were at a certain time, etc.

We are not lawyers and we cannot give you legal advice. Our opinions and the information provided is based upon our experiences in federal court as well as research. You should always contact an attorney if you have a legal problem.

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