In civil litigation, defendants often plead affirmative defenses. An affirmative defenses is an additional fact which, if true, defeats a plaintiff’s claim. For example, the statute of limitations is an affirmative defense. A plaintiff may allege, then, that because plaintiff’s claim is untimely the lawsuit fails. The most meritorious claim in the world will be…
Legal Articles
Amendments to Conform to Evidence
It is common to amend pleadings. The purpose of pleadings are to define the factual and legal issues that are being tried. Generally, judgments which exceed the scope of the claims in a lawsuit and pleadings are improper. Sometimes pleadings may be amended to conform to the evidence presented at trial. Rule 55.33(b) allows the…
Ultimate Facts, Material Facts, Evidentiary Facts
Depending on the context — eg, pleadings, summary judgment, motions to dismiss, jury instructions — cases use the phrases “ultimate fact,” “material fact,” and “evidentiary fact.” The distinctions are subtle but legally important. A “material fact” and an “ultimate fact” generally mean the same thing. “Ultimate facts are those the jury must find to return…