Plain-English definition

A legal reason that may defeat or limit a claim even if some allegations are otherwise true.

Why this term matters

An affirmative defense may need to be raised in the answer or another permitted filing; local rules control how and when.

Do not confuse it with

Do not confuse a defense with simply denying an allegation.

What to check in your papers

  • Where the term appears and who issued the document.
  • Whether the document states a date, deadline, hearing, or response requirement.
  • Whether an official form or local court rule is referenced.

Official Sources to Check

Use official sources for federal rights and your court or state sources for filing rules, deadlines, forms, and exemptions.