No Need to Reply to Affirmative Defenses
- February 10, 2011
- W. Jay Brown
- No comments
One of my pet peeves relate to demands for a reply to affirmative defenses. I’ve always considered this to be a pointless and wasteful exercise. I’m annoyed when opposing counsel makes such a demand and causes my client to needlessly incur fees to do the obvious.
By a published opinion issued this week, the Michigan Court of Appeals has ruled that there is no need to file any reply to such a demand. In McCracken v City of Detroit, #294218, the Court definitively held “that affirmative defenses are not pleadings requiring a response” and that they “are to be taken as denied even if a demand for a response has been made.”
Thank you Court of Appeals for the small gesture to simplify litigation.
Midland Michigan business, real estate, construction and commercial lawyer W. Jay Brown provides experienced representation of businesses and individuals throughout Mid- Michigan.