Does the plaintiff or the defendant have the burden of proof in an affirmative defense?
An affirmative defense requires two things to be true:
- The defendant does not deny the allegations of the plaintiff, hence the term affirmative. The defendant affirms that the plaintff's claims are true.
- The defendant must present new evidence to support the affirmative defense to the court...
(The entire section contains 145 words.)
check Approved by eNotes Editorial