A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
Kansas Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations In Kansas, when a defendant is faced with a civil lawsuit and wishes to assert the affirmative defense that the cause of action is barred by the appropriate statute of limitations, they must file an answer that clearly outlines this defense. The answer serves as a response to the allegations made by the plaintiff and presents the defendant's position on why the lawsuit should not proceed due to the expiration of the statute of limitations. There are two main types of Kansas Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations: 1. General Denial Answer: This type of answer generally denies the allegations made in the plaintiff's complaint and then asserts the affirmative defense of the statute of limitations. The defendant will specifically state that the cause of action is time-barred, providing the necessary details such as the specific statute of limitations governing the case and the date on which the cause of action arose. The defendant must demonstrate that the allotted time for filing the lawsuit has passed, and therefore, the claim should be dismissed. 2. Special Answer: In some cases, the defendant may need to provide additional information and facts to support their affirmative defense. This type of answer is known as a special answer. In a special answer, the defendant outlines the specific actions or circumstances that led to the expiration of the statute of limitations. The defendant may argue that the plaintiff had knowledge or discovery of the cause of action long before filing the lawsuit, and that the delay in bringing the claim has prejudiced the defendant's ability to mount a proper defense. It is important to note that when filing an answer in Kansas, the defendant must adhere to the applicable procedural rules and timelines. Failure to file a timely response or properly assert the affirmative defense may result in the defense being waived and the case proceeding on its merits, despite the statute of limitations argument. Overall, a Kansas Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations is a legal document that allows defendants to challenge the timeliness of a lawsuit. By asserting this affirmative defense, defendants in Kansas aim to prevent the lawsuit from proceeding, arguing that the time allotted for filing the claim has passed, rendering it legally invalid.
