Affirmative Defenses

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, and the statute of limitations.
Posts about Affirmative Defenses
  • FINRA Discipline: FINRA Rule 9215

    … sufficient information to admit or deny each allegation in the complaint. After all allegations are addressed in the answer, a respondent is allowed to assert affirmative defenses to the complaint. Moreover, a respondent is allowed to file a motion to amend the answer. After the motion is filed, a hearing officer will determine if there is good cause…

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