Tabberone is pronounced tab ber won not tay ber own

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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 nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.

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