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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 509

Effective - 28 Aug 1943 bottom

  509.090.  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, truth in defamation, 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 shall treat the pleadings as if there had been a proper designation.

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(L. 1943 p. 353 § 40)


---- end of effective   28 Aug 1943 ----

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