Definition

1. Noun:
   • A type of defensive pleading in law: "Affirmative pleading" is a legal term for a defendant's formal written statement that not only responds to the plaintiff's allegations but also introduces new facts or arguments that constitute a separate defense. It goes beyond a simple denial by "affirming" additional material facts.

Usage

• In legal procedure, an "affirmative pleading" is a critical step where a defendant must assert certain defenses, such as claiming the statute of limitations has expired or that the plaintiff assumed the risk.
• The purpose of an "affirmative pleading" is to shift the burden of proof to the defendant regarding the newly asserted facts.

Examples

• Noun:
  • The defendant's lawyer filed an affirmative pleading, arguing contributory negligence.
  • An affirmative pleading is required for defenses like duress or fraud.

Advanced Usage

• "To raise an affirmative defense": This is the action associated with filing an "affirmative pleading." It means to formally introduce a defense that, if proven, defeats the plaintiff's claim even if their allegations are true.
  • The defense decided to raise an affirmative defense of entrapment.

Variants and Related Words

• Affirmative defense (n): The specific legal defense (e.g., self-defense, laches) that is asserted within an affirmative pleading.
  • Claiming the contract was signed under coercion is an affirmative defense.

Synonyms

• Assertive pleading (less common)
• Positive pleading (less common)

Related Phrases

• Plead affirmatively: The act of submitting an affirmative pleading.
  • The attorney advised her client to plead affirmatively by claiming immunity.

Noun

1. any defensive pleading that affirms facts rather than merely denying the facts alleged by the plaintiff