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Source Motions During and After Trial Civil Procedure Matched to this deck.

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A defendant answered a federal complaint by denying liability. The answer did not mention release, payment, statute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release signed before suit.
Which statement best describes the pleading rule?

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Affirmative defenses may be raised for the first time after verdict as of right. A responding party must affirmatively state avoidance or affirmative defenses, such as statute of limitations, release, payment, res judicata, and waiver. An affirmative defense need not be pleaded because the plaintiff bears the burden of anticipating it in the complaint. A defense is affirmative only if it denies one element of the plaintiff's claim.

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