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.
In a civil lawsuit filed in New Hampshire, a defendant has the right to submit an Answer in defense against the allegations made by the plaintiff. One possible defense strategy is to assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations. This defense argues that the plaintiff's claim is invalid because it was filed after the legally specified time period to bring forth a lawsuit has expired. The New Hampshire Statute of Limitations becomes a critical factor in determining the validity of a plaintiff's claim and the effectiveness of the defendant's affirmative defense. Different types of New Hampshire Answers by Defendants in Civil Lawsuits Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations may include: 1. General Denial Answer: In this type of Answer, the defendant denies each allegation made by the plaintiff and additionally asserts the affirmative defense of the statute of limitations. The defendant presents evidence and arguments showing that the plaintiff's claim is barred due to the expiration of the statutory time limit. 2. Special Denial Answer: Similar to the General Denial Answer, this type of Answer denies specific allegations made by the plaintiff and simultaneously raises the affirmative defense of the statute of limitations. The defendant substantiates their response with relevant legal precedents, materials, or documentation supporting their stance. 3. Waiver Answer: In certain circumstances, the defendant may choose to willingly waive their right to raise the affirmative defense of the statute of limitations. This type of Answer acknowledges that the lawsuit was filed after the expiration of the statutory deadline, but asserts that, nonetheless, the defendant is willing to address the plaintiff's claim on its merits. When preparing a New Hampshire Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Limitations, it is crucial to consult with a legal professional familiar with New Hampshire law. This will ensure the most accurate and appropriate response to the plaintiff's claims, assert the affirmative defense effectively, and follow the required procedures mandated by the New Hampshire court system.
