Friday, April 16, 2010

Does the failure to Reply to an Affirmative Defense Necessitate dismissal of a claim?

The Plaintiff filed a claim for Alimony and the Defendant filed and Answer and Counterclaims. The Defendant included Affirmative Defenses against Plaintiff's alimony claim. The Trial Court dismissed the Plaintiff's claim for alimony because the Plaintiff did not Reply to the Affirmative Defenses and the Trial Court reasoned that the Affirmative Defenses were "deemed admitted" pursuant to G.S. 1A-1, Rules 7 & 8.

The unanimous decision from the Court of Appeals reversed the Trial Court's decision using, among other things, the Federal Rules of Civil Procedure and decisions from the 9th Circuit. It reasoned that if the Plaintiff's claims and the Defendant's Affirmative Defenses were competing versions of their respective positions, it made no sense for the Plaintiff to re-allege the exact same thing in a Reply.

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