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Affirmative Defenses Form

Affirmative Defenses Form

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Instructions and help about Affirmative Defenses

in civil litigation in affirmative defense is a defense that defeats the plaintiff's law suit even if the plaintiff's legal claims are genuine so for instance um if the plaintiff has genuine legal claims but he files his lawsuit late his lawsuit could be barred by the statute of limitations or maybe he's filed his lawsuit in a court that lacks jurisdiction over the subject matter or the parties there are many instances when a genuine lawsuit uh can be defeated by an affirmative defense now in Massachusetts most uh affirmative defenses are waved by the defendant unless he asserts them in his initial answer to the plaintiff's complaint so the plaintiff will file a complaint this starts the lawsuit a copy is served on the defendant and the defendant has 20 days to answer the complaint now that is very very early in a lawsuit and often the defendant doesn't fully uh see all of the arguments he can make so one of the things that most defense attorneys

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