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0 tracked cards Civil Procedure

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 defendant waives subject-matter jurisdiction by failing to plead it as an affirmative defense. A defense is affirmative only if it denies one element of the plaintiff's claim. A responding party must affirmatively state avoidance or affirmative defenses, such as statute of limitations, release, payment, res judicata, and waiver.

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