gdane wrote:Civil Procedure Question.
Can a defendant avoid answering a complaint by asserting an affirmative defense? I know that filing a motion is considered not answering the complaint, but is asserting an affirmitive defense also considered not answering a complaint?
Affirmative defenses are covered under 8(c). You have to assert them in your response, which should include denials. If you just assert your affirmative defense without making denials, 8(b)(6) says that you admit whatever P has asserted in the complaint.
Verification from Civ Pro ace?