If a particular affirmative defense is omitted from the answer, the defendant can use this defense later in the same suit.

Name: If a particular affirmative defense is omitted from the answer, the defendant can use this defense later in the same suit.
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Generally, affirmative defenses must be raised in the defendant's initial answer to the complaint. If they are not, the defendant typically waives the right to use them later in the lawsuit.

If a Particular Affirmative Defense Is Omitted from the Answer