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CR 8.03 Affirmative defenses

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
III Pleadings and Motions
CR 8. General Rules of Pleading
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 8.03
CR 8.03 Affirmative defenses
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. When 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.

Credits

HISTORY: Adopted eff. 7-1-53
Rules Civ. Proc., Rule 8.03, KY ST RCP Rule 8.03
Current with amendments received through August 1, 2020.
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