Affirmative defense

What affirmative defense means

Put simply, affirmative defense is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where affirmative defense comes up

For example, the term appears in these procedures:

• Affirmative Defenses (Fed. R. Civ. P. 8(c)): defenses that defeat or reduce a claim even if the plaintiff's allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res judicata, release, payment and waiver.

How to research the term

To research affirmative defense, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Statute of limitations: a law setting the deadline for starting a lawsuit. Limitations periods vary by claim and jurisdiction.
• Res judicata: claim preclusion: a final judgment on the merits generally bars the same parties from relitigating the same claim.
• Collateral estoppel: issue preclusion: an issue actually decided in a prior case may not generally be relitigated by the same parties.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.