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Author: Webmaster / August 12, 2016 / Categories:

A denial, answer or plea made by the defendant that opposes the truth or validity of the plaintiff’s case. The defendant may make their defense during a cross-examination or by demurrer. It is more often done by introduction of testimony or other evidence designed to refute all or part of the allegations of the plaintiff’s case.

Affirmative Defense – A plea of defense which serves as a basis for proving some new fact; in such a defense, a defendant does not simply deny a charge, but offers new evidence to avoid judgment against him. If the defendant raises an affirmative defense, he must raise it in his answer and bears the burden of proof on it.

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