affirmative pleading

noun phrase

Meaning

A legal defense that introduces new evidence or facts which, if proven, defeat the plaintiff's claim even if the plaintiff's allegations are true.

Examples

  • The attorney filed an affirmative pleading to introduce the statute of limitations as a defense.
  • By relying on an affirmative pleading, the defendant shifted the burden of proof to themselves for that specific issue.

Synonyms: affirmative defense, new matter, avoidance