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. Laches is the legal doctrine that an unreasonable delay in seeking a remedy for a legal right or claim will prevent it from being enforced or allowed if the delay has prejudiced the opposing party.
The Second Defense of this form gives an example of pleading such a defense and is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
Washington Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by Caches — Types and Overview When dealing with a civil lawsuit in Washington, defendants may seek to defend themselves by alleging the affirmative defense of caches. Caches is a legal principle that essentially argues that the plaintiff has delayed in bringing their claim, causing unfairness to the defendant. This defense can be used when the plaintiff has unreasonably waited to file the lawsuit, making it difficult for the defendant to gather evidence or causing a significant change in circumstances. There are different types of Washington answers by defendants utilizing the affirmative defense of caches. These include: 1. Caches by unreasonable delay: This defense argues that the plaintiff has delayed filing the claim for an unreasonably long time, often resulting in prejudice to the defendant. It requires demonstrating that the plaintiff had knowledge of the claim but delayed pursuing it without any valid or justifiable reason. 2. Caches by lack of diligence: This defense claims that the plaintiff did not exercise due diligence in pursuing their claim. It arises when the plaintiff could have reasonably discovered the cause of action earlier and should have taken legal action. The defendant must prove that the plaintiff failed to act in a timely manner, which has resulted in significant harm or disadvantage to the defendant. 3. Caches by change of circumstances: This defense asserts that the delay in filing the lawsuit has caused substantial changes in circumstances that make it unfair to allow the claim to proceed. It involves demonstrating that the defendant has undergone significant changes, such as in ownership, business structure, or financial status, as a result of the plaintiff's delay. When drafting an answer to a complaint in Washington, defendants raising the affirmative defense of caches must ensure their response is detailed and covers the following points: 1. Introduction: Begin by clearly identifying the parties involved, the court where the lawsuit is filed, and the case's unique identifying information. 2. Denial of allegations: Respond to each specific allegation made by the plaintiff in the complaint, denying any wrongdoing or liability unless admitting certain facts might be advantageous when asserting the caches defense. 3. Affirmative defense of caches: Clearly state the affirmative defense of caches, either by unreasonable delay, lack of diligence, or change of circumstances, depending on the circumstances of the case. Support this defense with relevant legal citations and precedents from Washington state law. 4. Facts supporting the defense: Include a detailed factual account of the delay caused by the plaintiff and how it has prejudiced the defendant, along with any relevant evidence that substantiates the defense. 5. Request for dismissal: Conclude the Washington answer by requesting the court to dismiss the plaintiff's cause of action based on the affirmative defense of caches. It is essential for defendants in Washington civil lawsuits to consult with experienced attorneys to ensure their answer addresses all relevant elements of the caches defense in an effective and persuasive manner.
