A Defenses; form of denials. A party shall state in short and plain terms the party’s defenses to each claim asserted and shall admit or deny the allegations upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an allegation, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. When a pleader intends in good faith to deny only a part or a qualification of an allegation, the pleader shall admit so much of the allegation as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all of the allegations of the preceding pleading, the denials may be made as specific denials of designated allegations or paragraphs, or the pleader may generally deny all of the allegations except such designated allegations or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all of the allegations of the preceding pleading, the pleader may do so by general denial of all allegations of the preceding pleading subject to the obligations set forth in Rule 17.
B Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively: accord and satisfaction; arbitration and award; assumption of risk; claim preclusion; comparative or contributory negligence; discharge in bankruptcy; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; issue preclusion; laches; license; payment; release; statute of frauds; statute of limitations; unconstitutionality; waiver; and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
C Effect of failure to deny. Allegations in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted when not denied in the responsive pleading. Allegations in a pleading to which no responsive pleading is required or permitted are taken as denied or avoided.
[CCP 12/2/78; amended by CCP 12/1/12, eff. Jan. 1, 2014.]
Maintained and Compiled by Andrew DeWeese, PC and Bradley T. Crittenden, Chenoweth Law Group
Trials, injunctions, private arbitration, crisis management, administrative hearings, bet-the-company litigation. Emerging and highly-regulated industries.
Bradley focuses his practice on resolving civil disputes, including commercial, land use, environmental, and insurance coverage. Bradley joined Chenoweth Law Group as an attorney in 2017, after having worked as a law clerk for the firm and graduating cum laude from Lewis & Clark Law School.
