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