What affirmative defenses must be pled? G.L. The firm is committed to the zealous representation of its clients and the effective use of their resources in litigation involving business and commercial disputes. Reference Library, Office of the affirmative defense is stricken without prejudice. 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. 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." 5. Gatt v. Keyes Corp., 446 So. htM0.?a:?nX+Nxv}1,NwJAK&3( Just as in the statement of a claim, the requirement of certainty will be insisted upon in the pleading of a defense. Walker v. Walker, 254 So. The absence of prejudice or surprise to the plaintiffwas the key factor for Justice Emerson in permitting thedefendants partial-constructive-eviction defense. 16 0 obj Constitution, State However, a pleader who intends to controvert all its averments may do so by general denial subject to the obligations set forth in Rule 11. endobj The Lease included provisions that were designed to protect ASIs Equipment and to assure an orderly transfer of the Equipment from RHCT at the end of the lease period. Moreover, it is necessary to allege all the elements of an affirmative defense. Id. CPLR 3018 (b) lists the defenses commonly asserted . "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. Coughlin v. Coughlin, 312 Mass. 13 0 obj If a responsive pleading is not required, an allegation is considered denied or avoided. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 0000002837 00000 n Affirmative Defense - Waiver. The change here is consistent with the broad purposes of unification. at 2. Guides, Books 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. An affirmative defense may be insufficient either as a matter of law or as a matter of pleading. In the years Journal, House %PDF-1.5 on MN Resources (LCCMR), Legislative 8. h214R0Pw/+QL)6)C(0e4A(1X.V? U? The former Rule 8(b) and 8(e) cross-references to Rule 11 are deleted as redundant. (G.L. Prior to RHCT, American Stevedoring, Inc. (ASI) provided those services at the Brooklyn Terminal. Changed (Table 2), Rules by A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. For the reasons that follow, the motion will be granted. 0000004535 00000 n Fiscal Analysis, Legislative Zp %pu;>wF("{| 3wYfon?6BVeQr;(pZyAY`QUG`Gk,pmLUgQ6 @#$'bAAHY:A9wZi2U_|Bpjq Zgat T2D(r)qP` 1A$X^2,/NS 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; 0000001482 00000 n 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. )|\\%%2J7bSz6mMg1|F99g&D8 05=OMd;\w/b1`ortQ!F=bJpx[88Vi and Legislative Business, House Schedules, Order 0000000016 00000 n Topic (Index), Rules c9Id 1^d[(l1--_>e~rMI)XcJU? <> This is similar to English Rules Under the Judicature Act (The Annual Practice, 1937) O. Archive, Minnesota That [name of plaintiff] knew [name of defendant] was required to [insert . Former recovery. Comparisons, Bill 0000007150 00000 n 2d 1160, 1163 (Fla. 4th DCA 1999) (It is insufficient to plead opinions, theories, legal conclusions or argument.). Rule 8(e)(2) also permits a party to set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. Research, Public Laws, and Rules, Keyword Committee, Side by Side 146 16 , ](m7v$Eg~^e&,>Ce(vK)4cw8KUw\%,3Li)}/Ys[ZBY]fY8|9`T P5lI +PGU?%F\. Chris Craft Indus., Inc. v. Van Valkenburg, 267 So. Florida Rules of Civil Procedure 1.140(b) and (f) both permit motions to strike. . The only Massachusetts statutes dealing with this point, G.L. This will guide the attack. Corp. v. Music & Television Corp. Civil Procedure Rule 8: General rules of pleading. 0000003171 00000 n 4. July 1, 1966; Mar. For the second sentence see [former] Equity Rule 31 (ReplyWhen RequiredWhen Cause at Issue). After the expiration of the Lease, RHCT retained possession of the Equipment. Pleadings must be construed so as to do justice. A party that intends in good faith to deny all the allegations of a pleadingincluding the jurisdictional groundsmay do so by a general denial. Tropical Exterminators, Inc. v. Murray, 171 So. The defendant opposed the motion, asserting apartial-constructive-eviction defense,and cross-moved for leave to amend its answer to assert two counterclaims against the plaintiff. Deletion of former Rule 8(e)(2)s whether based on legal, equitable, or maritime grounds reflects the parallel deletions in Rule 1 and elsewhere. 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. c. 231, 22, which permitted "the general issue" in real and mixed actions. Your client comes to you with a complaint that was recently served on him. While Rule 8(a)(1) allows the pleading of conclusions,Rule 12(e)(motion for more definite statement) andRule 12(f)(motion to strike) cure the only real impropriety of the pleading of conclusions, namely, that the pleading is too vague to form a responsive pleading. Prescription. Each allegation must be simple, concise, and direct. <> If you want the court to consider . 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. Rule 8(e)(2) changes practice with respect to defenses. The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. If it is not so pleaded, it is waived. (2) If the averments are contained in a pleading to which responsive pleading is not authorized, all averments are automatically taken to have been denied. *X H y0[.\1)_} 0)7l5 H Waive Your Jury Goodbye! Like a claim for relief, an affirmative defense must plead sufficient ultimate facts to survive a motion to strike. See Rule 23(b) for particular requirements as to the complaint in a secondary action by shareholders. Top-requested sites to log in to services provided by the state. by Topic (Index), Statutes This is based on the theory that a later amendment of the answer could properly introduce the defense, and that something as drastic as summary judgment should not be predicated on a pleading omission that a simple amendment could correct. This is of course the natural corollary of the notice pleading theory behind the Rules generally and Rule 8(a) in particular. An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. 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 Please let us know how we can improve this page. N]P~F9n^RI1[`W)r6LG|9ZOnvp#1XlW#_-BA2tqHLXO,T@kO;@cGh(fePx[nWN?x%JVZP$n <>cHzS&$LFyltyxZv;;-L#}mk~Faidz--Og-)9h7lvq q=+:GFbgJ&9;Hn`O?t8~"Zhc3g+K:dFr6yZjpTfch+f%]^79@v^;\E 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.". 2. at 52. Nvwe4 Rule 2:12. 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. In this respect, it differs fromG.L. <>>> Journal, Senate Slip op. Calendar for the Day, Fiscal 3 0 obj A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent. What affirmative defenses must be pled Florida? Committee Audio/Video, Legislative Research, 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. :n/Xg;Zz+9wA JFMP7-Yr[r`uMpu6Mkz)mc8czq3"J,|nr <> Rule 8(a)(1) provides that a pleading shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief alters prior practice. 2 0 obj Dec. 15, 2016). In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: (2) Mistaken Designation. Heretofore, at law different consistent defenses could be separately stated in the same answer or plea. 0 Labels, Joint Departments, Please remove any contact information or personal data from your feedback. Aug. 1, 1987; Apr. If either of these are absent, then a plaintiff/counter-plaintiff should strongly consider moving to strike the deficient affirmative defense. Some affirmative defenses are inapplicable in government litigation, while others carry . Unlike prior procedure, Rule 8(a)(2) permits the pleader to seek in his claim both legal and equitable relief, either together or in the alternative. 6 0 obj (1)Each averment of a pleading shall be simple, concise, and direct. matter in the form of an affirmative defense. In a unanimous ruling, the First Department reversed the motion courts holding that Red Hook waived its affirmative defense of illegality. Dec. 1, 2007; Apr. 0000000556 00000 n and convincing evidence: 1. Present, Legislative ?CAK:3SzlP:kJw. 11 0 obj 735 ILCS 5/2-602. Search & Status (House), Bill Library, House 69, 73 (1861). 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. Clerk, Fiscal xb```f``{x(O^07GPrIl(5iH|xDm)0?"B @,6@ ;0 Information, Caucuses - "/{^OY:N9BIYkW[1f$( hi!ARX8u;q%2V_9Z4U4neac?m MwlPZ8#+V[N. Asserting an Equitable Defense or Counterclaim? Co. v. Coucher, 837 So. Gomez v. J. Jacobo Farm Labor Contr., Inc., 188 F.Supp.3d 986, 991 (E.D. c. 106, 3-307, reach the same result. (1) In General. In equity practice, a bill would be objectionable as multifarious if separate and distinct wrongs, each dependent upon its own facts, were joined in a bill. 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. No technical forms of pleading or motions are required. Besides a waste of printer ink, insufficiently pled and fake affirmative defenses bog down the litigation and may permit an opposing party to engage in an otherwise impermissible fishing expedition disguised as permissible discovery to supposedly bolster a valid affirmative defense. With respect to the first affirmative defense, respondent pled that because the pond constructed on the subject parcel is a permissible 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. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. If either of these are absent, then a plaintiff/counter-plaintiff should strongly consider moving to strike the deficient affirmative defense. Such an "affirmative defense" will very likely be no affirmative defense at all when viewed against the causes of action in the case at bar. Relief in the alternative or of several different types may be demanded. Under prior law, a pleading had to state precise facts rather than general conclusions,Becker v. Calnan, 313 Mass. Compare 2 Ind.Stat.Ann. Plaintiff, the owner of eight units in a professional medical condominium, commenced an action againsta tenant (among others), alleging that thedefendant tenant defaulted under the parties lease agreement by failing to pay rent for several months. endobj 0 No technical form is required. 0000000968 00000 n A somewhat related point concerns the possible working of an estoppel on the defendant who pleads, first, a denial of all operative allegations, then an affirmative defense. We will use this information to improve this page. Video, Webcast 13, 18; and to the practice in the States. Guide, Address The chief subject of this Rule will be the answer, seeRule 7(a), unless the court orders a reply. ?r2s$M[1c2p}p1|5J]30X zT"%t K@-Hs9ro[1 Fh/ph ;[@IcH>c2[Ry3s&-I)yL~f>hO J&;V@.5+uR}BEc7eO,x:l Hv|2lrL{ Z.Gm[4:m&w`HfK'kl,fi 7lcIRV~sP3MJD{B-u` F\{@[RK{F7VG;zm:x. [^|*YU/G xz}E1i#5["Rw0s*rx`=GXw`Y5l>8K77v[6-_** !%G=Y9LsSD#bMn#i#mwc+v?4J Y1Gs/,ESTI,S7 U|/8l{6[` V 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. 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. Notes of Advisory Committee on Rules1987 Amendment. Legislative Auditor, Legislative Coordinating In pleading to a preceding pleading, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense including but not limited to the following: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of a condition *EDqv6[*Z.:sI/*D^nG)~R An affirmative defense is one that admits the cause of action in the initial pleading but avoids liability, in whole or in part, by allegations of excuse, justification, or other matter negating the cause. Rule 8(a)(1) makes no reference to facts or causes of action. Obviously separate judgments, based upon inconsistent theories, against the same person for the same acts, cannot be outstanding simultaneously. by Topic (Index), Session State v. Cohen, 568 So. That part of former G.L. In effect, an affirmative defense says, Yes, I did it, but I had a [lawful] reason. Id. . of the Senate, Senate 1714, 4325; Hankin, Alternative and Hypothetical Pleading (1924), 33 Yale L.J. Subdivision (c)(1). 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 . Pleading requirements for affirmative defenses: The answer must "state in short and plain terms" the defendant's defenses to each claim asserted against it. [ 13 0 R] 271, 274, 17 N.E.2d 103, 104 (1938) is eliminated. P. 1.140(b). 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 servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Several categories of debt set out in 11 U.S.C. Procedure & Practice for the Commercial Division Litigator. In raising an affirmative defense, whoever may be obliged to assume the burden of production and persuasion, the defendant need only give the plaintiff "fair notice," 2A Moore, Federal Practice 8.27[3]. For these reasons it is confusing to describe discharge as an affirmative defense. 3. there is no genuine issue as to any material fact and . Compare the English practice, English Rules Under the Judicature Act (The Annual Practice, 1937) O. This principle, which so far as the Reporters can determine has not yet been enunciated by the Massachusetts Court, holds that if a defendant alleges a fact, he cannot be heard to complain if the trial court charges the jury that the defendant has assumed the burden of proving that fact. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. (2) DenialsResponding to the Substance. Note to Subdivision (f). of Business, Calendar When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on such terms as justice may require, shall treat the pleading as if there had been a proper designation. %PDF-1.4 % 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. 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. 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. the late assertion of an affirmative defense] in this circuit." Id. A party may state as many separate claims or defenses as it has, regardless of consistency. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds. b.econd S Affirmative . F 6. This rule is an elaboration upon [former] Equity Rule 30 (AnswerContentsCounterclaim), plus a statement of the actual practice under some codes. The feedback will only be used for improving the website. Search & Status (Senate), Bill Search <]>> ls;+~s& g++1P(r5"ba%BN`/LbiT7CtsDF AKe{skzg;U}JYA:9>5k?irU&^/+3^l"_D~%QO D[ . 12 0 obj All pleadings shall be so construed as to do substantial justice. Woodfield, the court held that a defendant "must plead an affirmative defense with enough specificity or factual M,d1xFApJ^YCkK"A"4O2fVhaWX7`OhsUO=1m}{(2T}_V Ie .fOkD5#_s SeePayson v. Macomber, 85 Mass. Denials shall fairly meet the substance of the averments denied. Daily, Combined Media <> O4jJGMBd_p]}^6Aa}[Rwv14q h0p +r9mTNJ`J> <> After discussing the claims with your client, you decide to file an answer. (c) Affirmative Defenses. Accordingly, RHCT has waived the illegality defense. Appeals had held that "[a]n affirmative defense is subject to the same pleading requirements as is the complaint." Woodfield v. Bowman, 193 F.3d 354, 362 (5th Cir. Note to Subdivision (a). (2) Alternative Statements of a Claim or Defense. If instead of denying the plaintiff's assertions (or in addition to denying them, see Rule 8(e)(2)), the defendant wishes only to controvert their effect, he may do so by the modern equivalent of the old "confession and avoidance." That was the holding of the Appellate Division, First Department in American Stevedoring, Inc. v. Red Hook Container Terminal, LLC, 2016 NY Slip Op 08470 (1st Dept. (d) Effect of Failure to Deny. The rule merely establishes the burden of pleading, i.e., of raising the issue. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. In equity, however, an answer could state as many defenses, in the alternative, regardless of consistency, as the defendant deemed essential to his defense. (Page, 1926) 11305, 11314; Utah Rev.Stat.Ann. x\[o6~`V^Hiwmg}p";Va[$OBRr$N .4yxxw.u]|uv*6WqmYWoo{M2Ko7r2 $"xF:wO,|7Cw|i(wc6}[(/&NOw" EUbXawD*2HVQ&]T?Cb%r+ up,I[p BDYMe9_Dty>Kw,MFixk Archive, Session Laws *"KFK>1,@B4EHb(HGIRUHew:,^rJuHWOzSK3g6F6U@kYdttm6jnaQE.FuzsF-TP]Q)_Co`4ZpQJZWVpnAT^Jb&xV{ Affirmative defenses are legal defenses that raise new facts or issues not raised in the Complaint. conclusively establish its affirmative defense. ) or https:// means youve safely connected to the official website. c. 231, 7 (Sixth) (providing that a plaintiff shall not be required to elect between causes of action where the remedies are inconsistent). Denials shall fairly meet the substance of the averments denied. Rule 11 applies by its own terms. Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water, Commercial Division Grants $1 Million Punitive-Damage Award for Diversion of Companys IP in Breach of Fiduciary Duty, Commercial Division Says Not Every Storm Triggers Force Majeure, LIMITS ON MOTIONS IN LIMINE: A NEW PROPOSAL TO AMEND COMMERCIAL DIVISION RULE 27, Infancy or other disability of the defendant. Thereafter, the parties moved for partial summary judgment. x\[~`AZH 8@'E2yP=TU(]x"u9u.=}u=_{{x/vU~[,w+o{z&Px)o?}o(hxB?c/?ghA3woc}7Bw}F~[XM7eizgr?cZ&Nw:Y:^mqMVe0E~.dlOQ%>36\A $)p:ZJ/r40W~Z8Hj(\7?/R'/ Asserting legally insufficient affirmative defenses comes at a cost, which at the very least will require you to expend litigation resources at a motion hearing noticed by the government to strike your affirmative defenses under Fla. R. Civ. A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. ,#R({H8d3v+|"}R htN0o=te !! c. 208, 10. Want more tips on New York practice and procedure? In granting partial summary judgment, the court rejected RHCTs illegality argument because it was not pleaded as an affirmative defense. 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. P. 1.140(b). T 5. T 7. 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. You skipped the table of contents section. SeeG.L. Page, Commission 0000003248 00000 n Note to Subdivision (e). %%EOF LinkedIn and 3rd parties use essential and non-essential cookies to provide, secure, analyze and improve our Services, and (except on the iOS app) to show you relevant ads (including professional and job ads) on and off LinkedIn. Rules, Educational Notes of Advisory Committee on Rules1966 Amendment. Nevertheless, courts will, on rare occasions, allow a party tointroduce anunpleaded defenseon a motion for summary judgment. Thank you for your website feedback! 2. It is also important in shaping the judgment, seeRule 54(c)and in determining whether a jury trial is warranted. (2)G.L. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 17 0 R/Group<>/Tabs/S/StructParents 1>> No substantive change is intended. 0000000838 00000 n - A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. <> Indeed, such a defense is no affirmative defense at all. The defense was not pleaded. In . DFL/GOP, House 4 0 obj The force and application of Rule 11 are not diminished by the deletion. hAk0A^cL!a2lC %PDF-1.6 % 5 SeeArena v. Luckenbach Steamship Company, 279 F.2d 186, 188- 189 (1st Cir. 0000000016 00000 n (B) admit or deny the allegations asserted against it by an opposing party. 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. %%EOF RHCT objected to the location because delivery would block city streets for a full day and was not within the 20 mile limit provided in the Lease. Five days later, RHCT informed ASl that the second location was not acceptable, primarily because the owner of the site did not give RHCT permission to store the Equipment at that location. . However, they are not the same. Cady v. Chevy Chase Sav. 416, 425, 426, 159 N.E.2d 417, 419 (1959). WhileRule 9(a)deals only with the matter of capacity of a party to sue or be sued, whereas the language of G.L. 14pVP9- r`dZSSWh1 %, Rule 1.140(b) permits motions to strike insufficient legal defenses. 9 0 obj But 524(a) applies only to a claim that was actually discharged. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. <> 0000002593 00000 n Suggestions are presented as an open option list only when they are available. Register, Minnesota The Lease was to terminate on March 31, 2012. A party's right under Rule 8(e)(2) to state claims based upon inconsistent remedies does not alter Massachusetts practice, see G.L. <> Analysis, House T o succeed, [name of defendant] must prove both of the following by clear. %PDF-1.4 % Rule Status, State 0000006151 00000 n In response, ASI commenced the action. QoF 1rG@&SNeLghzvw%&Et? 3d 264, 267 (Fla. 3d DCA 2012). 6. Under prior Massachusetts practice,Payson v. Macomber, 85 Mass. Hawes v. Ryder, The difference between the philosophy of Rule 8 and that of former Massachusetts pleading practice emerges vividly from a comparison of the "substantial justice" construction requirement of Rule 8(f) with G.L. In addition to general denials, you assert several affirmative defenses, including the defense of illegality. Motion to Strike Affirmative Defenses - Party: Plaintiff LUCAS, JACQUES September 04, 2014. Each separate cause of action upon which a separate recovery . 625, 630, 48 N.E.2d 668, 671 (1943), and the substantive allegations had to set forth the essential elements of a recognized cause of action. Directory, Legislative