Title III Pleadings and Motions (Rules 7-16), 2014-2023 The National Court Rules Committee, Purchase the 2023 Edition of the Federal Rules of civil Procedure for just $19.50, Title I Scope of Rules; Form of Action (Rules 1 and 2), Title II Commencing an Action; Service of Process; Pleadings, Motions, and Orders (Rules 3-6), Title V Disclosures and Discovery (Rules 26-37), Title VIII Provisional and Final Remedies (Rules 64-71), Title IX Special Proceedings (Rules 71-73), Title X District Courts and Clerks: Conducting Business; Issuing Orders (Rules 77-80), Title XI General Provisions (Rules 81-86), Title XII Appendix of Forms [Abrogated], Title XIII Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Rules A-G). Purchase the print edition of the 2023 Federal Rules of Civil Procedure for $19.50. h214R0Pw/+QL)6)C(0e4A(1X.V? U? Under this rule, if a plaintiff fairly notifies the defendant of the nature of the plaintiff's claim and the grounds on which he relies, the action should not be dismissed because it does so through what might be termed "conclusions of law." 69, 73 (1861), as well as under the Federal Rules, such estoppel is of doubtful validity; nonetheless cautious counsel for defendants will probably wish to preface affirmative defenses with some such language as: "If plaintiff suffered injury, as in his complaint is alleged, which is denied. A court must grant a "traditional" motion for summary judgment "forthwith if [the summary judgment evidence] show[s] that . Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. endobj stream Any mitigating circumstances to reduce the amount of damage shall be affirmatively pleaded. 2. endobj Rule 11 applies by its own terms. Please remove any contact information or personal data from your feedback. Constitution, State Merger is now successfully accomplished. A Reminder From The Commercial Division That Disloyalty Doesnt Pay Literally! Professionals, PLLC, 2019 NY Slip Op 51588(U) (Sup Ct, Suffolk County Oct. 8, 2019). c9Id 1^d[(l1--_>e~rMI)XcJU? Note to Subdivision (a). (1) In General. c. 231, 30 concerning an allegation that a party is an executor, administrator, guardian, trustee, assignee, conservator, receiver or corporation, was not included in Rule 8(b) because this matter is adequately covered inRule 9(a). In this respect, it differs fromG.L. In contrast, an affirmative defense is a defense that, if proven, would mitigate or eradicate the defendant's negligent conduct alleged in the complaint. )9]-f28\.1%y[^ $)- tD"{P"SPI{1\p7HERT W? 3d 264, 267 (Fla. 3d DCA 2012). 49ViuPw-VOpQ^oZ=U kJ zqAPo#; ad q >D~_$&u G`5~GxE-wlx BV-biW;1whu\u^,zl;$S~FB]z1 oH!^%L-ky%N)]tCm(*m%2dqXI4D\I"XHYi During RHCTs tenure, RHCT entered an equipment lease agreement with ASI (the Lease) for certain inland marine equipment, then valued by ASI at approximately $10 million (the Equipment). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> It Seems You Cant Waive The Affirmative Defense Of Illegality After All, The Anti-Retaliation Provisions Of The False Claims Act, Eligibility Under The IRS Whistleblower Program, The Process of Submitting A Whistleblower Claim, The Whistleblower Must Voluntarily Provide Original Information, The Whistleblowers Information Must Lead To a Successful Enforcement Action, The Confidentiality Protections Under The SEC/CFTC Whistleblower Program, Anti-Retaliation Under The SEC And CFTC Whistleblower Programs, KNET, INC. V. RUOCCO: Issuing Stock For Inadequate Consideration, Arbitration Agreements May Not Be Enforceable Even When They Are Clear And Unambiguous. And so, lawyers tasked with drafting an answer will oftenconsult a checklist to ensure that all relevant affirmative defenses are sufficiently pleaded. 16 0 obj Time Capsule, Fiscal 10. DFL/GOP, House Rock-Ola Mfg. 2d 642, 645 (Fla. 1972); Gonzalez v. NAFH Nat'l Bank, 93 So. 0000000556 00000 n 5tpK"D;'BX2N[J'ziU_lwzY}WLWRzum5(4(zadwZA,~OB(~v*M[M;\yQ;GjV=CNy9gm;:B~;jA93=qVk9c%MdZha=t #P@Y/Y:gA'|Q EI-hC^! Zp %pu;>wF("{| 3wYfon?6BVeQr;(pZyAY`QUG`Gk,pmLUgQ6 @#$'bAAHY:A9wZi2U_|Bpjq Zgat T2D(r)qP` 1A$X^2,/NS Do not let the opposing party's insufficiently pled or fake affirmative defenses walk with a ball instead of retiring it with a strike by blowing this deadline. Fla. R. Civ. nM VYaEyQ>M FPD,~(8 If an asserted affirmative defense is not an affirmative defense at all, but rather consists of opinions, theories, legal conclusions, or argument, then a motion to strike should also attack it on this basis. 923 (1957). 319 (1925);McNulty v. Whitney, 273 Mass. Asserting an Equitable Defense or Counterclaim? Like a claim for relief, an affirmative defense must plead sufficient ultimate facts to survive a motion to strike. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. However, G.L. Nevertheless, courts will, on rare occasions, allow a party tointroduce anunpleaded defenseon a motion for summary judgment. of Manhasset Med. Certain statutes pertaining to real estate may, however, require unique particularity. 2d 136, 138 (Fla. 4th DCA 1988). In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; release; res judicata; Committee Schedule, Committee In effect, an affirmative defense says, Yes, I did it, but I had a [lawful] reason. Id. Introductions, Fiscal Massachusetts rules of court and standing orders, Rule 4.3: Arrest: Supplementary process: Ne exeat, Rule 5: Service and filing of pleadings and other papers, Rule 15: Amended and supplemental pleadings, Rule 16: Pre-trial procedure: Formulating issues, Rule 17: Parties plaintiff and defendant: Capacity, Rule 19: Joinder of persons needed for just adjudication, Rule 21: Misjoinder and non-joinder of parties, Rule 23.1: Derivative actions by shareholders, Rule 23.2: Actions relating to unincorporated associations, Rule 26: General provisions governing discovery, Rule 27: Depositions before action or pending appeal, Rule 28: Persons before whom depositions may be taken, Rule 29: Stipulations regarding discovery procedure, Rule 30: Depositions upon oral examination, Rule 31: Depositions of witnesses upon written questions, Rule 32: Use of depositions in court proceedings, Rule 34: Producing documents, electronically stored information, and tangible t, Rule 35: Physical and mental examination of persons, Rule 37: Failure to make discovery: Sanctions, Rule 40: Assignment of cases for trial: Continuances, Rule 48: Number of jurors - Majority verdict, Rule 49: Special verdicts and interrogatories, Rule 50: Motion for a directed verdict and for judgment notwithstanding the ver, Rule 55.1: Special requirements for defaults and default judgments for certain , Rule 59: New trials: Amendment of judgments, Rule 62: Stay of proceedings to enforce a judgment, Rule 65.1: Security: Proceedings against security provider, Rule 65.2: Redelivery of goods or chattels, Rule 65.3: Proceedings for civil contempt, Rule 70: Judgment for specific acts: Vesting title, Rule 71: Process in behalf of and against persons not parties, Rule 79: Books and records kept by the clerk and entries therein, Rule 80: Stenographic report or transcript, Rule 82: Jurisdiction and venue unaffected. All pleadings shall be so construed as to do substantial justice. The chief subject of this Rule will be the answer, seeRule 7(a), unless the court orders a reply. Rule 1.110 states: "In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow . & Task Forces, Bills In Conference Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits. Obviously separate judgments, based upon inconsistent theories, against the same person for the same acts, cannot be outstanding simultaneously. Auditor, Revisor To comport with prior law, Rule 8(b) also includes a provision that an allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation. How To Attack Fake Affirmative Defenses. 5. If either of these are absent, then a plaintiff/counter-plaintiff should strongly consider moving to strike the deficient affirmative defense. Rule 8(b) thus proscribes promiscuous use of the general denial except in those rare cases where defendant (and, more important, his attorney) in good faith denies each and every allegation in the complaint. Laws, and Rules, Keyword 0000005594 00000 n Let's start with the Black's Law Dictionary definition of "affirmative defense": "A defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true." Definition of Denial or Failure of Proof and Affirmative Defenses. See Note to Rule 1, supra. c. 231, 38: "The allegations and denials of each party shall be so construed by the court as to secure as far as possible substantial precision and certainty.". The Suffolk County Commercial Division (Emerson, J.) All pleadings shall be so construed as to do substantial justice. (3) Since one of the major purposes of Rule 8(b) is elimination of the general denial except in those rare cases where the pleader intends in good faith to controvert all the averments of the preceding pleading, particularization of specific situations requiring a specific denial tends to weaken the emphasis on this goal. 19, r.r. This will control in the event of a default judgment, seeRule 54(c). Compare 2 Ind.Stat.Ann. The affirmative defenses listed in Rule 8(c) are only a partial list of defenses which should be set forth affirmatively and the rule provides that any "matter constituting an avoidance or affirmative defense" must be pleaded. endobj An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. Calendar, General Orders of the Day, Combined In granting partial summary judgment, the court rejected RHCTs illegality argument because it was not pleaded as an affirmative defense. %PDF-1.4 % Register, Minnesota See Rule 19(c) for the requirement of a statement in a claim for relief of the names of persons who ought to be parties and the reason for their omission. RHCT sought dismissal of the breach of contract claim, among others, on the grounds that it was not obligated to deliver the Equipment because the delivery sites selected by ASI were unsuitable and/or did not satisfy the requirements of the Lease. Averments in a pleading to which a responsive pleading is required, other than those as to amount of damage, are admitted when not denied in the responsive pleading. Florida Rules of Civil Procedure 1.140(b) and (f) both permit motions to strike. Therefore, the failure to plead an affirmative defense could have significant consequences. <> 2, 1987, eff. This button displays the currently selected search type. This is of course the natural corollary of the notice pleading theory behind the Rules generally and Rule 8(a) in particular. endobj Reports & Information, House 110, 157(3); 2 Minn.Stat. What happens, however, when the defendant fails to plead an affirmative defense? In order to raise an affirmative defense of fraud, the "pertinent facts and circumstances constituting fraud must be pled with specificity, and all the essential elements of fraudulent conduct must be stated." Zikofsky v. Robby Vapor Systems, Inc., 846 So.2d 684, 684 (Fla. 4th DCA 2003) (citation omitted). A properly pled affirmative defense includes ultimate facts sufficient to provide notice of the proof the defendant intends to rely upon to defeat the plaintiffs claim. S. Fla. Coastal Elec., Inc. v. Treasure on the Bay II Condo Assn, 89 So. However, they are not the same. recently illustrated this principle in Board of Mgrs. 1= Aug. 1, 1987; Apr. 0000002556 00000 n Rule 8 reflects the view that the primary function of pleadings is not to formulate the precise issues for trial but rather to give fair notice of the claims and defenses of the parties. "All pleadings shall contain a plain and concise statement of the pleader's cause of action, counterclaim, defense, or reply." 735 ILCS 5/2-603. The strictures ofRule 11apply to encourage admission of those allegations which defendant knows to be true, even if without such admission, plaintiff would be put to expense or difficulty in proving them, or might even be unable to prove them at all. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 17 0 R/Group<>/Tabs/S/StructParents 1>> Senate, Secretary If it is a fake affirmative defense, then, in addition to the aforementioned reasons, it should be attacked based upon impermissibly pleading opinions, theories, legal conclusions, or argument. by Topic (Index), Session endobj c. 231, 7 Fifth, Sixth. ) or https:// means youve safely connected to the official website. July 1, 1966; Mar. The feedback will only be used for improving the website. 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. For the second sentence see [former] Equity Rule 31 (ReplyWhen RequiredWhen Cause at Issue). In certain cases, the defendant can either deny that a criminal element(s) exists or simply sit back and wait for the prosecution to . Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. for Civil Procedure Rule 8: General rules of pleading, Rule 7: Pleadings allowed: Form of motions, Rule 8.1: Special requirements for certain consumer debts. Accordingly, the answer must serially respond to each paragraph of the complaint (with an exception to be discussed shortly). . Behind Rule 8(b) lies the simple principle that a defendant's answer should unmistakably indicate to both Court and plaintiff precisely which aspects of the complaint are admitted, and which are controverted. Cal. Note to Subdivision (d). 0 On reply, the plaintiff argued that the Court should reject thedefendants partial-constructive-eviction defense because it was not pleaded as an affirmative defense in the defendants answer. 18 13 As stated in Chapter 2 "The Legal System in the United States", a criminal defendant will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. <> Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. Representatives, House Schedule, Legislative Compare the English practice, English Rules Under the Judicature Act (The Annual Practice, 1937) O. trailer (main office): 400 RXR Plaza, Uniondale, NY 11556 (516) 227-0700, Affirmatively Plead Your Defenses, or Risk Waiving Them Goodbye. <> To some extent this rule changes Massachusetts practice, which permitted different causes of action to be joined (with the exceptions mentioned previously), so long as the causes of action were stated in different counts. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. c. 231, 7 (Sixth) (providing that a plaintiff shall not be required to elect between causes of action where the remedies are inconsistent). 4 0 obj (As amended Feb. 28, 1966, eff. Learn more in our Cookie Policy. (2) DenialsResponding to the Substance. Fraud. & Status, Current Session Rule 8(e)(2) permits a party to state as many separate claims or defenses as he has, regardless of consistency and whether based on legal or equitable grounds. 524(a)(1) and (2) a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. ASI based its motion on RHCTs failure to return the Equipment as provided for in the Lease. Video, Broadcast TV, News, & Photos, Live In the occasional case where the plaintiff does not have valid claim, a trial can still be avoided by the use of discovery and either a motion to dismiss for failure to state a claim upon which relief can be granted (Rule 12(b)(6)), or a motion for summary judgment (Rule 56). Notes of Advisory Committee on Rules1966 Amendment. The force and application of Rule 11 are not diminished by the deletion. The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt. For the reasons that follow, the motion will be granted. Finally, a movant must be cognizant of the "within 20 days after service of the answer or reply" timeline imposed by Rule 1.140(b). endobj Co. v. Coucher, 837 So. <>>> Changed (Table 2), Rules by 0000001372 00000 n Moreover, all affirmative defense elements must be pled. 0 (c) Affirmative Defenses. (1937) 275; 2 N.D.Comp.Laws Ann. Rule Status, State 30 0 obj <>stream So, we cut and paste the list of affirmative defenses listed in MCR 2.111(F)(3) and we file these defenses with the court. o,SAPT_;q~"J'aH">ty=]]D{;u6=iLtq5'bg8%^D( Prior to RHCT, American Stevedoring, Inc. (ASI) provided those services at the Brooklyn Terminal. Me? Share sensitive information only on official, secure websites. However, a litigant should not depend on judicial discretion to raise a defense on the hope that the defensewill be introduced into the case without having been affirmativelypleaded. endobj A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent. This article focuses on Rule 1.140(b) and how to strike insufficiently pled and fake affirmative defenses. Subdivision (c)(1). State v. Cohen, 568 So. Indeed, an affirmative defense assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question. c. 231, 25, required a separate denial "in clear and precise terms" of each "substantive fact intended to be denied," or a declaration of ignorance (cognate under Rule 8(b) to a disclaimer of knowledge or information). endobj Dec. 1, 2007; Apr. Former recovery. CPLR 3018 is clear: an affirmative defense must be pleaded to be preserved. affirmative defense is stricken without prejudice. A party shall state in short and plain terms any defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. 0000000910 00000 n It does not, however, seek to regulate the substantive question of distribution of the burden of producing evidence or of persuading the trier of fact. CPLR 3018 (b) contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: Arbitration and award Collateral Estoppel Culpable conduct of the plaintiff under CPLR Article 14-A Discharge in bankruptcy Illegality Fraud Infancy or other disability of the defendant Payment Release Res Judicata Guide, Address With respect to the first affirmative defense, respondent pled that because the pond constructed on the subject parcel is a permissible Publications, Legislative Reference should be available to [the defendant] pre-discovery, the Court grants the motion to strike the second affirmative defense without prejudice."). Code 820.2 and derivative immunity under Cal. PB |\MF,S5^*;eKS/\itQ3)+u+e27!,vqYv;+{?S[l|.Q7mG|\{54Ye@ggv,EB ^r`a u}x-{) SWcs`#.Yt0f1PQSdm1sR[RzXwsK6~] Sw"fVpQ"]dSFpQ9NOB? Dec. 1, 2010. 1 0 obj A plaintiff is as much entitled to be aware of the ground upon which it is claimed he should not recover as is a defendant to be apprised of the basis of the plaintiffs claim. Id. Audio/Video, Legislative Research, Search, Statutes 0000003431 00000 n (b) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. Code 815.2. Accordingly, RHCT has waived the illegality defense. John Hinckley RHCT claimed that by delivering the Equipment to the locations identified by ASI, it would have required RHCT to trespass or otherwise violate the law. SeePayson v. Macomber, 85 Mass. X.AywzYeMKa 2d 832, 833-34 (Fla. 1st DCA 1971). Under prior Massachusetts practice,Payson v. Macomber, 85 Mass. 69, 73 (1861). . While RHCT has referred to the issue of having the permission of the site owner during the pendency of this case, for example, by demanding that ASI provide evidence of permission to use the site when the Third Location was specified, the issue appears to have been touched on only in the context of questioning whether RHCT would be able to access the site and complete delivery. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so. Council, Schedules, Calendars, 3 0 obj 434 0 obj <>stream Ze#0_0\_N8hEFIvHtO*P6uQfz~"qf]-Tw\7dUcMnFR =[0! This follows substantially English Rules Under the Judicature Act (The Annual Practice, 1937) O. CPLR 3018(b)contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: But, CPLR 3018(b) defines affirmative defenserobustly as: (i) any matter which if not pleaded would be likely to take the adverse party by surprise, or (ii) any matter which raises issues of fact not appearing on the face of a prior pleading. So, defensesother than those listed above have been held to be affirmative defenses which must be affirmatively pleaded in the answer, lest theybe waived (seeFossella v Dinkins, 66 NY2d 162 [1985] [standing to sue]; Falco v Pollitts, 298 AD2d 838 [4th Dept 2002] [adverse possession];Fregoe v Fregoe, 33 AD3d 1182 [3d Dept 2006] [truth in a defamation action]). <> ,#R({H8d3v+|"}R [D]ischarge in bankruptcy is deleted from the list of affirmative defenses. h,j0_e)%d!BK!-!,@C|32[PHP8gyS3 d.F^K\R\{MM. . endstream endobj 437 0 obj <>stream Please limit your input to 500 characters. Who Represents But, as American Stevedoring teaches, such consequences may not always follow when the defendant demonstrates that the plaintiff had a full and fair opportunity to respond to, and oppose, the defense being asserted that is, the plaintiff suffers no prejudice or surprise by the assertion of the defense. Deadlines, Chief Importantly, Rule 1.140(b) mandates that a motion to strike insufficient legal defenses must be filed within 20 days after service of the answer or reply. Constitutional Amendments, Multimedia Audio, g*v &l3cbB]X!RL2nrd>=^$*PQ/O@m{7+[AeTg@eBG%:VP;n5 bmRA^e"/cM0]f8DOL.lg&1\#&N![kW! Analysis, House New material was added to provide a reminder of the means to determine whether a debt was in fact discharged. endobj Corp. v. Music & Television Corp., 339 Mass. Former Rule 8(b) required a pleader denying part of an averment to specify so much of it as is true and material and * * * deny only the remainder. [A]nd material is deleted to avoid the implication that it is proper to deny something that the pleader believes to be true but not material. the late assertion of an affirmative defense] in this circuit." Id. Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. on MN Resources (LCCMR), Legislative Any subsequent statutory amendments toG.L. The issue whether a claim was excepted from discharge may be determined either in the court that entered the discharge or in most instances in another court with jurisdiction over the creditors claim. The absence of prejudice or surprise to the plaintiffwas the key factor for Justice Emerson in permitting thedefendants partial-constructive-eviction defense. ", "Second, the declaration shall state concisely and with substantial certainty the substantive facts necessary to constitute the cause of action.". SeeG.L. Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action,"G.L. It should be emphasized that Rule 8(a)(1) does not alter the statutory requirements regarding the omission of names in Superior Court divorce proceedings, G.L. The first sentence is similar to [former] Equity Rule 30 (AnswerContentsCounterclaim). 6 0 obj Among other claims, the plaintiff contends that your client breached his agreement to sell widgets. ?CAK:3SzlP:kJw. The party raising the affirmative defense has the burden of proof on establishing that it applies. endobj An affirmative defense does not concern itself with the elements of the cause of action at all; it concedes them. 28, 2010, eff. (2) Alternative Statements of a Claim or Defense. [ 13 0 R] If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. The former Rule 8(b) and 8(e) cross-references to Rule 11 are deleted as redundant. Gatt v. Keyes Corp., 446 So. In civil lawsuits, affirmative defenses include the statute of limitations . Subscribe to the New York Commercial Division Practice blog and receive an email notification when a new post is published. Because Rule 8(e)(2) permits the plaintiff to set forth two or more statements of a claim in one count, the rule that allegations in one count will not be read into the allegations of another count,Kenney v. Boston & Maine R.R., 301 Mass. An official website of the Commonwealth of Massachusetts, This page, Civil Procedure Rule 8: General rules of pleading, is. !cx}JHVA^" All statements shall be made subject to the obligations set forth inRule 11. Directory, Legislative Id. (1) In General. Pleading requirements for affirmative defenses: The answer must "state in short and plain terms" the defendant's defenses to each claim asserted against it. Brighams Cafe Inc. v. Price Bros. Co., 334 Mass. Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment .