Affirmative Defenses in DC

What is an Affirmative Defense?

“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.” (See Wright v. McCann (1956) 122 A.2d 334, 335.)

“[T]he primary purpose of an answer is to state in shorthand plain terms the party's defenses to each claim asserted.” (See Super. Ct. Civ. R. 8(b); Bolton v. Bernabei Katz, PLLC (2008) 954 A.2d 953, 963.)

Rule for Affirmative Defenses

“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; statute of frauds; statute of limitations; and waiver.” (See Super. Ct. Civ.R. 8(c)(1).)

Affirmative Defense Designated as Counterclaim

“Super. Ct. Civ. R. 8(c) was designed to cover a situation such as this.” (See Bolton v. Bernabei Katz, PLLC (2008) 954 A.2d 953, 963-64; Backus v. Veterans Coop. Housing Ass'n (1953) 96 A.2d 513, 516 [counterclaim erroneously designated as defense in answer will be considered].)

“Rule 8(c) provides that [w]hen a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the Court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation. Relying on this rule, we have held that the designation of a claim as a 'defense' in [an] answer rather than as a counterclaim should not [preclude] its consideration.” (See id; Entrepreneur Ltd. v. Yasuna (1985) 498 A.2d 1151, 1164-65.)