c. 231, 7 Fifth and Sixth);Twombly v. Monroe, 136 Mass. 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. h,j0_e)%d!BK!-!,@C|32[PHP8gyS3 d.F^K\R\{MM. O4jJGMBd_p]}^6Aa}[Rwv14q h0p +r9mTNJ`J> of the Senate, Senate for the Day, Supplemental More often, however, particularized pleadings merely result in wasted time and effort, because the claimed defects are matters of form which are subsequently corrected by amendment. Rule 8(d) sets up a straightforward way of dealing with failure to deny averments: (1) If the averments are contained in a pleading to which a responsive pleading is authorized, the pleader must either utilize the opportunity or be taken to have waived it. This rule is an elaboration upon [former] Equity Rule 30 (AnswerContentsCounterclaim), plus a statement of the actual practice under some codes. (Page, 1926) 11305, 11314; Utah Rev.Stat.Ann. Subdivision (c)(1). Thereafter, the plaintiff must file a reply to the affirmative defense. 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. Rule 8(b) provides that the signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. 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; by Topic (Index), Statutes Note to Subdivision (c). 14 0 obj On April 13, 2012, ASI provided RHCT with another location for delivery of the Equipment. How To Attack Fake Affirmative Defenses. Senate, Secretary 0000003431 00000 n Commission (LCC), Legislative-Citizen Commission <> SeeRock-Ola Mfg. 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. 0000006151 00000 n true Few cases have caused as great a concern as the verdict finding _____ not guilty by reason of insanity in his trial for the 1981 shooting of President Ronald Reagan. 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. The defense was not pleaded. 0000004535 00000 n c9Id 1^d[(l1--_>e~rMI)XcJU? (main office): 400 RXR Plaza, Uniondale, NY 11556 (516) 227-0700, Affirmatively Plead Your Defenses, or Risk Waiving Them Goodbye. Blvd., St. Paul, MN 55155, Pleading to be Concise and Direct; Consistency, Minnesota House of 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. (1933), 10472, 10491. Slip op. Hawes v. Ryder, 100 Mass. This article focuses on Rule 1.140(b) and how to strike insufficiently pled and fake affirmative defenses. endobj 365. (6) Effect of Failing to Deny. A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent. Subscribe to the New York Commercial Division Practice blog and receive an email notification when a new post is published. 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. Fla. R. Civ. Schedules, Order 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. Your analysis of the contract claim leads you to conclude that the contract is void because performance would require your client to violate certain labor laws. Under prior law, a pleading had to state precise facts rather than general conclusions,Becker v. Calnan, 313 Mass. Publications, Legislative Reference Most of the Equipment was located at the Brooklyn Terminal. Library, House Affirmative Defense - Waiver. 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. Review, Minnesota Issues 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. affirmative defense is stricken without prejudice. 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. Counsel, Research & Fiscal Analysis, Senate 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. G.L. 0000002066 00000 n Rule 8(f) alters the prior Massachusetts rule that pleadings must be construed most strictly against the party drafting them. Prescription. Day, Combined (d) Effect of Failure to Deny. If, however, a litigant fails to raise a particular defense in its answer or CPLR 3211(a) motion, the defendant may still have hope of raising the defense at the summary judgment stage, so long as the defense does not take the adverse party by surprise. In equity, however, an answer could state as many defenses, in the alternative, regardless of consistency, as the defendant deemed essential to his defense. xb```f``{x(O^07GPrIl(5iH|xDm)0?"B @,6@ ;0 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. X.AywzYeMKa c. 231, 85Band85Care intertwined with the provisions of 85A. h214R0Pw/+QL)6)C(0e4A(1X.V? U? 1999). Programs, Pronunciation ASI asserted many claims against RHCT, including one for breach of contract. An affirmative defense is legally insufficient if it "lacks merit under any set of facts the defendant might allege."Neylon v. Gov. 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. 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. Obviously separate judgments, based upon inconsistent theories, against the same person for the same acts, cannot be outstanding simultaneously. Particularized pleadings do occasionally expose the plaintiff's lack of a viable case or the defendant's lack of a valid defense. 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). A provision of like import is of frequent occurrence in the codes. A party's right under Rule 8(e)(2) to state claims based upon inconsistent remedies does not alter Massachusetts practice, see G.L. Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. A party may state as many separate claims or defenses as it has, regardless of consistency. See Haxhe Props., LLC v. Cincinnati . 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. 0000000616 00000 n Commission on Pensions & Retirement (LCPR), Lessard-Sams Outdoor Heritage In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and. . Illegality. <> The chief subject of this Rule will be the answer, seeRule 7(a), unless the court orders a reply. SeeConley v. Gibson, 355 U.S. 41, 45, 78 S.Ct. endobj Many litigants are familiar with the well-settled rule that an affirmative defensewill bewaived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]). The provisions ofRule 15are available to relieve the defendant of the consequences of any admission subsequently discovered to be incorrect. startxref 0000001079 00000 n 1714, 4325; Hankin, Alternative and Hypothetical Pleading (1924), 33 Yale L.J. Chris Craft Indus., Inc. v. Van Valkenburg, 267 So. 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. Some page levels are currently hidden. 7. 2. endobj 1= After discussing the claims with your client, you decide to file an answer. 494, 174 N.E. CPLR 3018 (b) lists the defenses commonly asserted . stream 0000001075 00000 n conclusively establish its affirmative defense. The affirmative defenses were first addressed in a ruling of the Chief ALJ dated December 12, 2014 (December 12, 2014 Ruling). Rather, an affirmative defense must raise some new matter which defeats the opposing partys otherwise valid claim. Cady v. Chevy Chase Sav. 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 . of Manhasset Med. <> 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. (c) Affirmative Defenses. The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law. Other courts using Federal Rule type pleading have given great weight to common law Calendar for the Day, Fiscal Please do not include personal or contact information. affirmative defense. Johnson answered and pled "the affirmative defense of the four (4) year Statute of . 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. endobj An official website of the Commonwealth of Massachusetts, This page, Civil Procedure Rule 8: General rules of pleading, is. 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. (1) In General. F.2d 880, 885 (9th Cir.1983). 2, 1987, eff. If you want the court to consider . 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. 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 ASI argues that an illegality defense is an affirmative defense which must be pleaded in a responsive pleading or addressed in a motion to dismiss lest it be waived. affirmative Although entrapment was not a defense at common law, it may now be pled as a defense in all federal and state jurisdictions. On March 27, 2012, a few days before the expiration of the Lease, ASI advised RHCT of the location to deliver the Equipment. c. 231, 7 Fifth, Sixth. And so, lawyers tasked with drafting an answer will oftenconsult a checklist to ensure that all relevant affirmative defenses are sufficiently pleaded. %Ar1[qSW=W6]14T<2r2Q$4;L~G2_GDdF C:JaG!YJd)^p|"?3_M5] 2d 642, 645 (Fla. 1972); Gonzalez v. NAFH Nat'l Bank, 93 So. 222, 5 L.Ed.2d 189 (1960): "It is difficult to believe that counsel who signed this answer had good grounds to assert, among other things, that his client did not either own, operate, or manage the vessel, that the plaintiff was not employed by the stevedore, and that he was not injured, or even aboard the vessel. . 8. & Loan, Inc., 528 So. endstream endobj 435 0 obj <>stream New York's Civil Practice Law & Rules ("CPLR") 3018 (b) provides that a party must plead as an affirmative defense "all matters which if not pleaded would be likely to take the adverse party by surprise or would raise issues of fact not appearing on the face of a prior pleading.". Rule 2:12. 28, 2010, eff. 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. endobj 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. 18 0 obj <> endobj endstream endobj 436 0 obj <>stream !cx}JHVA^" Deadlines, Chief Rather, it expressed a concern that it would be denied access. %PDF-1.4 % Committees, Joint Committees 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]. 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. Rule 8(a)(2) provides that the claim contain a demand for judgment for the relief to which the pleader deems himself entitled. However, where the defendant raises the defense in motions (many affirmative defenses can be asserted as a basis for a motion under CPLR 3211), for example, the courts have ruled that the defense may be entertained because there is no surprise or prejudice by its assertion. (3) a demand for the relief sought, which may include relief in the alternative or different types of relief. Initially, a movant must determine whether the affirmative defense at issue legally qualifies as an affirmative defense or is simply gobbledygook masquerading as one. 30 0 obj <>stream hXM#Z|rX*e1j_J t~?|A?mv3'W#VDeXl{ziFQm?/`^Yg?a]%K/jdk8vp<2Gu&9>7w45/||?o_1qgaqc:4yCy=" %$[s# 18 13 1. 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. You skipped the table of contents section. Schedule, Legislative denied, 364 U.S. 895, 81 S.Ct. Ins. WhileRule 9(a)deals only with the matter of capacity of a party to sue or be sued, whereas the language of G.L. 5 Labels, Joint Departments, (1937) 275; 2 N.D.Comp.Laws Ann. Zp %pu;>wF("{| 3wYfon?6BVeQr;(pZyAY`QUG`Gk,pmLUgQ6 @#$'bAAHY:A9wZi2U_|Bpjq Zgat T2D(r)qP` 1A$X^2,/NS matter in the form of an affirmative defense. Page, Commission 30, 2007, eff. Co. v. Coucher, 837 So. This follows substantially English Rules Under the Judicature Act (The Annual Practice, 1937) O. Audio/Video, Legislative Research, Courts will, from time-to-time, consider an unpleaded defense ifthe adverse party has notice of it through channels other than the answer. bGlY%Ep This page is located more than 3 levels deep within a topic. Council, Schedules, Calendars, All statements shall be made subject to the obligations set forth in Rule 11. Relief in the alternative or of several different types may be demanded. Thank you for your website feedback! Each separate cause of action upon which a separate recovery . 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. Note to Subdivision (f). This is similar to English Rules Under the Judicature Act (The Annual Practice, 1937) O. nM VYaEyQ>M FPD,~(8 A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted. SeePayson v. Macomber, 85 Mass. Rule 8(a), unlike Federal Rule 8(a)(1), does not contain requirement that the claim set forth "a short and plain statement of the grounds upon which the court's jurisdiction depends." No substantive change is intended. The rule merely establishes the burden of pleading, i.e., of raising the issue. 9. 7\. on MN Resources (LCCMR), Legislative Share sensitive information only on official, secure websites. 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. , ](m7v$Eg~^e&,>Ce(vK)4cw8KUw\%,3Li)}/Ys[ZBY]fY8|9`T P5lI +PGU?%F\. In . Upcoming Meetings, Broadcast TV <> Motion to Strike Affirmative Defenses - Party: Plaintiff LUCAS, JACQUES September 04, 2014. The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. Indeed, a defense will be stricken if it is insufficient as a matter of law. %%EOF Indeed, the plaintiffdid notarguethat it would be surprised or prejudiced by the defense, and even fully addressed the defendants partial-constructive-eviction defense in its reply papers. Committee Schedule, Committee 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. 0000002487 00000 n See alsoDavis v. H. S. & M. W. Snyder, Inc., 252 Mass. Fiscal Analysis, Legislative Changes Made After Publication and Comment. Rule 1.140(b) permits motions to strike insufficient legal defenses. [D]ischarge in bankruptcy is deleted from the list of affirmative defenses. 161 0 obj <>stream 2d 832, 833-34 (Fla. 1st DCA 1971). Purchase the print edition of the 2023 Federal Rules of Civil Procedure for $19.50. PB |\MF,S5^*;eKS/\itQ3)+u+e27!,vqYv;+{?S[l|.Q7mG|\{54Ye@ggv,EB ^r`a u}x-{) SWcs`#.Yt0f1PQSdm1sR[RzXwsK6~] Sw"fVpQ"]dSFpQ9NOB? Brighams Cafe Inc. v. Price Bros. Co., 334 Mass. Id. 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. EkmJ>b*2[jz* mW{NU!*rFU_}Dx;cq'{FJ!^k%(* t#V/R-;k%~1WLaG This is of course the natural corollary of the notice pleading theory behind the Rules generally and Rule 8(a) in particular. The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt. II. o,SAPT_;q~"J'aH">ty=]]D{;u6=iLtq5'bg8%^D( (2)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. No technical form is required. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. 6 0 obj Rules, Educational History Guide, Legislators Past & trailer O 19, r. 15 and N.Y.C.P.A. In addition to general denials, you assert several affirmative defenses, including the defense of illegality. Use this button to show and access all levels. Id. What affirmative defenses must be pled Florida? Code 820.2 and derivative immunity under Cal. Therefore, the failure to plead an affirmative defense could have significant consequences. Auditor, Revisor 216, 218 (1868). 14pVP9- r`dZSSWh1 %, 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. Register, Minnesota Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration, . Barret v. City of Margate, 743 So. Any mitigating circumstances to reduce the amount of damage shall be affirmatively pleaded. Rules, Joint The absence of prejudice or surprise to the plaintiffwas the key factor for Justice Emerson in permitting thedefendants partial-constructive-eviction defense. c. 231, 30 could reasonably be interpreted to deal with the matter of capacity of a party for other purposes, these latter instances are so rare that they do not warrant specific mention in Rule 8(b). 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. It is also important in shaping the judgment, seeRule 54(c)and in determining whether a jury trial is warranted. Schedules, Order of Release. Me? hAk0A^cL!a2lC Your client comes to you with a complaint that was recently served on him. 336. 2d 211, 212 (Fla. 3d DCA 1984). Roster, Upcoming After the defendant interposed ananswer and cross-claims, the plaintiffmoved for summary judgment. Cal. In certain cases, the defendant can either deny that a criminal element(s) exists or simply sit back and wait for the prosecution to . 11 0 obj endstream endobj 19 0 obj <> endobj 20 0 obj <> endobj 21 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 22 0 obj <> endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <> endobj 26 0 obj <> endobj 27 0 obj <> endobj 28 0 obj <> endobj 29 0 obj <>stream This will undoubtedly waste party and judicial resources and distract from key litigation issues. If either of these are absent, then a plaintiff/counter-plaintiff should strongly consider moving to strike the deficient affirmative defense. Please limit your input to 500 characters. List, Committee 0000001482 00000 n A helpful tip is to remember that an affirmative defense cannot stand on its own if the complaint is dismissed. Unenforceability under the statute of frauds. Payment (extinction of the claim or demand). 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. 2d 136, 138 (Fla. 4th DCA 1988). Assuming the asserted affirmative defense qualifies as an affirmative defense, then a motion to strike should attack the sufficiency of the defense as pled. Pleadings must be construed so as to do justice. %PDF-1.4 % Time Capsule, Fiscal c. 231, 85A,85B, and85Cwould likely entail a revision of the rule. %PDF-1.5 A mere denial of the facts alleged in a complaint or counterclaim is not an affirmative defense and, as such, affirmative defenses asserting mere denials should be stricken. In effect, an affirmative defense says, Yes, I did it, but I had a [lawful] reason. Id. 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. 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. 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. 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. Yaeger v. Lora Realty, Inc., 245 So. Accordingly, RHCT has waived the illegality defense. endobj % Rules, Address Indeed, such a defense is no affirmative defense at all. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation. F 6. [ 13 0 R] A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain a short and plain statement of the claim showing that the pleader is entitled to relief and a demand for judgment for the relief sought; if a recovery of money is demanded, the amount shall be stated. Relief in the alternative or of several different types may be demanded. The Reporters agree with Professor Moore, 2A Moore, Federal Practice, 8.27[2], that the mere raising of the defense should not shift any burden to the defendant; they recommend this position unequivocally. 0000002593 00000 n <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> What's an Affirmative Defense? Who Represents 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^! (1)Each averment of a pleading shall be simple, concise, and direct. 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; c. 208, 10. 10 0 obj of Business, Calendar Moreover, all affirmative defense elements must be pled. hb```b``d`a`da@ +slx!s5?`e. Compare also [former] Equity Rule 18 (PleadingsTechnical Forms Abrogated). (As amended Feb. 28, 1966, eff. 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. Code 815.2. State v. Cohen, 568 So. 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.