Articles Tagged with Civil Defense

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GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

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Litigation-imagesWhen speaking with an attorney about how to defend yourself in a lawsuit, or how the defense may counter any claims they may bring as a plaintiff, you need to be informed of the different kinds of defenses the other side may have. One type of defense is called an “affirmative defense”. An affirmative defense is different from a general denial. A general denial. A general denial, in its most basic form, puts all the allegations in the plaintiff’s original petition at issue. That is why it is called a “general denial” because you are denying each and every, all and singular claims that the Plaintiff has brought against you. By filing a general denial, you have “answered the cause” and the Plaintiff will then be required to prove each and every element of his claims. In addition to the general denial, you may also bring affirmative defenses as well in the same Answer with the court. In some cases, it may also be required that you answer “with specificity” and you may do so by naming specific claims that the Plaintiff has brought against you and deny each of those claims individually and present facts in your Answer that support those specific denials. However, this article focuses on affirmative defenses, how they can be used and why they can be so effective. If you have any questions about any defenses you may have after you have been sued, contact the experienced civil litigators at Guest and Gray, P.C.
WHAT IS AN AFFIRMATIVE DEFENSE?
An affirmative defense “seeks to establish an independent reason that the plaintiff should not recover” and is “thus [a defense] of avoidance, rather than a defense in denial”; that is, it is a defense of confession and avoidance. In re C.M., 996 S.W.2d 269, 270 (Tex. App.—Houston [1st Dist.] 1999, no pet.); Great Am. Prods. v. Permabond Int’l, 94 S.W.3d 675, 683 (Tex. App.—Austin 2002, pet. denied).