Oregon Answer and Affirmative Defenses of Defendant - Revised
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FAQ
When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license -
In addition to admitting or denying the plaintiff's allegations, an answer must contain the defendant's affirmative defenses for which the defendant bears the burden of proof at trial.
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.
Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration,
When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license -
A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime.
(1930) ?1614, 1616. In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.