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affirmative pleading

affirmative pleading

9.9
A defendant's statement giving new facts to defeat the plaintiff's claim
  • noun
  • Formal
translation icon : alegato afirmativo
  • By submitting an affirmative pleading, the defense acknowledged certain facts while asserting new information to counter the plaintiff's claims.

Examples

  • The defendant filed an affirmative pleading to introduce evidence supporting their right to the property.

  • The court considered the affirmative pleading before making a ruling on the motion to dismiss.

  • The lawyer filed an affirmative pleading to counter the claims.

  • In court, they presented an affirmative pleading to support their case.

  • By submitting an affirmative pleading, the defense introduced critical facts that challenged the plaintiff's allegations.

  • The court reviewed the affirmative pleading thoroughly, as it contained new facts relevant to the case.

  • In his defense, the lawyer filed an affirmative pleading that provided evidence to refute the plaintiff's claims.

Synonyms

special pleading
vsaffirmative pleading
  • Jargon
9.1

A legal document that adds new facts to answer an accusation

is a defensive statement by the defendant asserting facts to defeat the claim

Surface Forms

Morphology

affirmative + pleading

The phrase combines 'affirmative' (positive/assertive) with 'pleading' (a formal legal statement), so a learner who knows both words can guess it is a legal filing that asserts something rather than merely denying. However, the specific procedural sense — that it asserts new facts as a defensive tactic that would defeat the plaintiff's claim — is technical legal jargon not fully predictable from the parts, so it is only partially transparent.

Etymology

Affirmative pleading paints a simple image: instead of only saying 'no', the person being sued files a formal pleading that is affirmative, admitting some points and adding 'new facts'. So, it means a formal statement that gives extra facts which, if true, can 'defeat' the other side's claim.