This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Missouri General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
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How to fill out General Response To Affirmative Matter?
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FAQ
Missouri Rule of Civil Procedure 55.10 specifies twenty separate de- fenses which must be raised affirmatively; it also requires an affirmative plea as to "any other matter constituting an avoidance or affirmative de- fense." Imputed negligence, though not one of the twenty enumerated affirmative defenses, is included ...
A defendant shall file an answer within thirty days after the service of the summons and petition, except where service by mail is had, in which event a defendant shall file an answer within thirty days after the acknowledgment of receipt of summons and petition or return registered or certified mail receipt is filed ...
Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the ...
Most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them. The classic unwaivable affirmative defense is lack of subject-matter jurisdiction.
In particular, when answering a complaint, you must raise all possible affirmative defenses based upon known facts that you can raise at that time. If you fail to do so, the other side can oppose a tardy raising of the affirmative defense on the grounds that you waived it.
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
App. 3d 950, 954.) Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
Assumption of Risk It is a negligence defense based on the fact that you knew you were doing something dangerous that could result in harm to yourself or others, but you willingly choose to participate even though you were aware of the risks. In other words, you voluntarily accepted the risk.