Think of them this way: even if the allegations or accusations in the complaint are true, you still win ! %%EOF A defense is either negative or affirmative. There are, however, some specific instructions that deal with issues unique to certain professions, such as instruction 402.4(d) (missing medical records) and instruction 402.12 (issues involved in certain legal malpractice claims). required, the reply must be served within 20 days after service of the answer. from the date of service within which to serve an answer to the complaint or <> 312 0 obj <>stream Do you have to answer affirmative defenses in Florida? Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blowers provisions,F.S. costs court may strike redundant, immaterial, impertinent, or scandalous matter from Defendant is an individual seeking statutory and actual damages. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. In criminal trials, the . The boundaries of this tort, particularly when the claimant is a third party affected by conduct occurring between the defendant and another person, are not clearly defined. Champion, at 2122 (Alderman, J., concurring specially). 292 0 obj <>/Filter/FlateDecode/ID[<6FD88EB78787F54A88254FACC3503EBC><1F7D9737ED55C64B8AD9B7176D8A72BA>]/Index[278 35]/Info 277 0 R/Length 68/Prev 278791/Root 279 0 R/Size 313/Type/XRef/W[1 2 1]>>stream 419 43 0000003773 00000 n Model form of verdict for wrongful death damages, 3(a). 760.01760.11. Entire Set of Civil Jury Instructions, Word | Entire Set of Civil Jury Instructions, PDF, Preliminary Sections contracts THIRD AFFIRMATIVE DEFENSE This is a frivolous action under Section 57.105, Florida Statutes, and is based on 2d 211, 212 (Fla. 3d DCA 1984). <> The pleading requirements for an affirmative defense under Florida law are similar to those required for a pleading seeking affirmative relief. If the dismissal is on the ground of prescription, unenforceability under the statute of frauds, res judicata, or extinction of the claim or demand (PURE), then such dismissal is with prejudice. 2d 311, 313 (Fla. 5th DCA 1985). 4q)F0 o 0000044533 00000 n The 2022 Florida Statutes (including Special Session A) 775.027 Insanity defense.. Affirmative Defenses In Florida May 24, 2017 According to Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading: accord and satisfaction arbitration and award assumption of risk contributory negligence discharge in bankruptcy duress estoppel If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. endstream endobj startxref answer or reply must be asserted by motion to strike the defense within 20 days Form 1.921 - NOTICE OF PRODUCTION FROM NONPARTY. In other words, the court cannot defer the resolution of a Group A affirmative defense to the trial proper since it is mandated to resolve such affirmative defense. Model form of verdict for personal injury protection insurance benefits (PIP) (medical benefits only). Discharge in bankruptcy. Responses to the pleadings or statements must be served within 10 days of service of such pleadings or statements. " \*TE!@'b(sUk8CTHN77~xj?! Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. Payment (extinction of the claim or demand). See, e.g., JoJos Clubhouse, Inc. v. DBR Asset Mgmt., Inc., 860 So. The Committee will consider bringing forth a revised set of instructions in the future. (1) A party waives all defenses and objections that the Click the icon above to call Gulisano Law now for a free consultation. determination must be deferred until the trial. Respondents' Affirmative Defenses do not constitute an avoidance or affirmative defense under Rule 1.110, Rules of Civil Procedure. alters these periods of time so that if the court denies the motion or The instructions for an independent action for contribution begin with instruction 412.3. 2 0 obj 2 under this rule may join with it the other motions herein provided for and then (e) Motion for More Definite Statement. The essence of impact is that the outside force or substance, no matter how large or small, visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the plaintiffs body. Id. I obtained my law degree from the Ateneo de Manila School of Law. (Section 13, Rule 15, Rules of Civil Procedure). But you also need to know how to play defense. objection is waived by being joined with other defenses or objections in a (Section 12[c], Rule 8, Rules of Civil Procedure). Failure to properly raise affirmative defenses means that you waive those defenses. It is opined that this prohibition should be removed. (1) A party waives all responses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2). (f) Motion to Strike. Res judicata (bar by prior judgment). View more posts. Gulisano Law, PLLC. title insurance. endstream endobj 460 0 obj <>/Filter/FlateDecode/Index[34 385]/Length 35/Size 419/Type/XRef/W[1 1 1]>>stream F.S. Gatt v. Keyes Corp., 446 So. This is an excellent case to learn about affirmative defenses. for relief in a pleading must be asserted in the responsive pleading, if one is [ 9 0 R 46 0 R] Under theFederal Rules of Civil ProcedureRule 56, any party may make amotionforsummary judgmenton an affirmative defense. Model form of verdict for personal injury damages, 2(b). He is simply arguing that he has a good reason for having done so, and therefore should be excused from all criminal liability. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. the Department of Financial Services or the defendant state agency has 30 days Sav. 768.13(2)(b); no issue as to comparative negligence, 5(c). must be served within 10 days of service of the pleadings or statements. days after service on that party. Waterfall Victoria Grantor Trust II, Series G. v. McDonald. Form of verdict itemizing damages introductory comment, 1. Remedy from the grant of an affirmative defense. Distinction between Group A and Group B affirmative defenses. They raise some new matter which defeats an otherwise apparently valid claim. Wiggins v. Portmay Corp., 430 So. M1|Oi/fm,#ws5qp:h7b.F6 2$ unless a different time is fixed by the court in either case. [Last updated in June of 2022 by the Wex Definitions Team]. & Loan Assoc., 318 So. (b) of this rule, whether made in a pleading or by motion, and the motion for Statutes, the state of Florida, an agency of the state, or an officer or If a pleading to property taxes the motion is granted and the order of the court is not obeyed within 10 days Illegality. Model form of verdict for bifurcated punitive damage cases, 3(b). ~ From the Rules Regulating The Florida Bar, Florida's Standards for Imposing Lawyer Sanctions, Entire Set of Civil Jury Instructions, Word, Entire Set of Civil Jury Instructions, PDF, Section 600: Substantive Instructions General, Appendix C Punitive Damage Instructions, Appendix E Emergency Medical Treatment Claims Instructions for Causes of Action Arising prior to September 15, 2003, The Theory and Technique of Charging a Jury with These Instructions, Original Introduction from Inaugural Committee, Orders of the Supreme Court Creating and Revising These Instructions, Members of the Committee Since Its Inception, 201.2 Introduction of Participants and Their Roles, 201.3 Explanation of the Voir Dire Process, 202.5 Jury to Be Guided by Official English Translation/Interpretation, 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions, 301.2 Instruction when First Item of Documentary, Photographic, or Physical Evidence Is Admitted, 301.3 Instruction when Evidence Is First Published to Jurors, 301.4 Instruction Regarding Visual or Demonstrative Aids, 301.5 Evidence Admitted for a Limited Purpose, 301.6 Jury to Be Guided by Official English Translation Interpretation, 301.7 Jury to Be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute), 301.8 Jury to Be Guided by Official English Translation/Interpretation Transcript of Recording in Foreign Language (Accuracy in Dispute), 301.11 Failure to Maintain Evidence or Keep a Record, 408 Tortious Interference with Business Relationships, 410 Outrageous Conduct Causing Severe Emotional Distress, 413 Claim for Personal Injury Protection (PIP) Benefits (Medical Benefits only), 414 Intentional Tort As an Exception to Exclusive Remedy of Workers Compensation, 418 Unlawful Retaliation Under Floridas Public Sector Whistle-Blower Act, 420 Negligent Infliction of Emotional Distress, 451 Fiduciary Duty (Shared with Contract and Business), 401.8 Violation of Non-Traffic Penal Statute as Negligence per Se, 401.9 Violation of Statute, Ordinance, or Regulation as Evidence of Negligence, 401.10 Equal and Reciprocal Rights of Motorists and Pedestrians, 401.14 Preliminary Issues Vicarious Liability, 401.15 Preliminary Issues Common Carrier, 401.16 Preliminary Issues Premises Liability, 401.17 Burden of Proof on Preliminary Issues, 401.18 Issues on Plaintiffs Claim General Negligence, 401.19 Issues on Plaintiffs Claim Common Carrier, 401.20 Issues on Plaintiffs Claim Premises Liability, 401.24 Counterclaims, Cross Claims, and Third Party Claims, 402.7 Legal Cause (Treatment Without Informed Consent), 402.9 Preliminary Issues Vicarious Liability, 402.10 Burden of Proof on Preliminary Issues, 402.12 Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation, 403.5 Implied Warranty of Merchantability, 403.6 Implied Warranty of Fitness for Particular Purpose, 403.11 Inference of Product Defect or Negligence, 403.14 Burden of Proof on Preliminary Issue, 403.16 Issues on Crashworthiness and Enhanced Injury Claims, 404.4 Insurers Bad Faith (Failure to Settle), 404.5 Medical Malpractice Insurers Bad Faith Failure to Settle, 404.9 Concluding Instruction when Court to Award Damages, 404.10 Damages (Cases with Claims for Mental Distress), 404.11 Burden of Proof on Mental Distress Claim, 406.6 Instituting or Continuing a Proceeding, 408.5 Issues on Plaintiffs Claim Interference with Contract not Terminable at Will, 408.6 Issues on Plaintiffs Claim Interference with Business Relations or with Contract Terminable at Will, 408.8 Affirmative Defense Financial Interest, 409.7 Issues on Plaintiffs Claim Fraudulent Misrepresentation, 409.8 Issues on Plaintiffs Claim Negligent Misrepresentation, 409.9 Issues on Plaintiffs Claim False Information Negligently Supplied for the Guidance of Others, 412.1 Contribution Sought by Cross-Claims Between Defendant Tortfeasors in Injured Partys Original Action, 412.2 Contribution Sought by Third Party Claim in Injured Partys Original Action, 412.3 Introduction for Independent Contribution Claim, 412.8 Issues on Claim and Burden of Proof, 415.4 Retaliation; Adverse Employment Action, 415.8 Preliminary Issue Adverse Employment Action, 415.9 Burden of Proof on Preliminary Issue, 415.13 Defense Issue on Damages (Mitigation-Discharge), 415.14 Reduction of Damages to Present Value, Standard Jury Instructions in Contracts and Business Cases, 417.4 Discrimination Disparate Treatment, 417.10 Affirmative Defense Failure to Mitigate Lost Wages, 417.11 Affirmative Defense After-Acquired Evidence, 417.12 Reduction of Damages to Present Value, 418.5 Preliminary Issue Adverse Employment Action, 418.6 Burden of Proof on Preliminary Issue, 418.12 Defense Issue Adverse Employment Action Based on Other Grounds, 418.14 Defense Issue on Damages (Mitigation Discharge), 418.15 Reduction of Damages to Present Value, 451.4 Existence of Fiduciary Duty Disputed, 451.8 Preliminary Issue Vicarious Liability, 451.9 Burden of Proof on Preliminary Issues, 451.14 Model Form of Verdict for Breach of Fiduciary Duty, 501.1 Personal Injury and Property Damages: Introduction, 501.2 Personal Injury and Property Damages: Elements, 501.4 Comparative Negligence, Non-Party Fault and Multiple Defendants, 501.5 Other Contributing Causes of Damages, 501.7 Reduction of Damages to Present Value, 502.1 Wrongful Death Damages: Introduction, 502.2 Wrongful Death Damages: Elements for Estate and Survivors, 502.3 Wrongful Death Damages of Estate and Survivors: Separate Awards for Estate and Survivors, 502.4 Wrongful Death Damages: Elements when There Are No Survivors, 502.5 Comparative Negligence, Non-Party Fault, and Multiple Defendants, 502.7 Reduction of Damages to Present Value, 503.1 Punitive Damages Bifurcated Procedure, 503.2 Punitive Damages Non-Bifurcated Procedure, 601.3 Jury to Be Guided by Official English Translation/Interpretation, 601.4 Multiple Claims, Numerous Parties, Consolidated Cases, 601.5 Concluding Instruction (Before Final Argument), 801.1 Juror Questions During Deliberations, 801.4 Instructions upon Discharge of Jury, Model form of verdict for general negligence with apportionment of fault, 2(a). Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 0000001612 00000 n Being an aggressive litigator is what a lot of clients want. service. Responses to the pleadings or statements Assn, Inc., 452 So. I presently teach Remedial Law Review at the FEU Institute of Law and at the University of Asia & the Pacific Institute of Law, and Civil and Criminal Procedure at the MLQU School of Law. Chapter 7 10. For example, in Florida self-defense is an affirmative defense but in Ohio, it is not. (d) Preliminary Hearings. Notably, a motion for more definite statement under Rule 1.140(e), Florida Rules of Civil Procedure, that is not concurrent with, or accompanied by a motion on the defenses or objections of Rule 1.140(b), Florida Rules of Civil Procedure, risks waiver of those Rule 1.140(b) defenses, if any.15 Therefore, the best practice is hb```HNAd`0p,+jbcH```||!/]a+c9B'dXra"LP[Ph#"ADH0v ;KNTg`ZH 1?`_mc`e`I` 2d 846, 850 (Fla. 2007). 2d 483, 487 (Fla. 5th DCA 2002)). order as it deems just. 2d 664 (Fla. 4th DCA 2008), andONeal v. Fla. A & M University, 989 So. affirmative defenses to breach of fiduciary duty floridamr patel neurosurgeon cardiff 27 februari, 2023 . 0000006114 00000 n 1 Filing # 71045621 E-Filed 04/20/2018 04:55:11 PM RECEIVED, 04/20/2018 04:58:29 PM, Clerk, Supreme Court An affirmative defense is a justification for the defendant having committed the accused crime. 0000022033 00000 n (b) How Presented. It differs from other defenses because the defendant admits that he did, in fact, break the law. 0 Historically, a general verdict on compensatory damages was considered appropriate, and that is the only form of verdict provided in the Florida Rules of Civil Procedure. Hence, under the 1997 Rules, these affirmative defenses, except for the three mentioned, could be resolved only during the trial proper. If a pleading sets forth a claim for relief to The defendant had a mental infirmity, disease, or defect; and. Florida, a defendant must serve an answer within 20 days after service of See also, Zito v. Wash. Fed. When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. subdivision (h)(2) of this rule. The Florida Rules of Civil Procedure are intended to "secure the just, speedy, and inexpensive determination of every action."[1] The Florida Constitution, however, mandates that "[t]he right to trial by jury shall be secure to all and remain inviolate."[2] This tension between an efficient court system, on one hand, and protecting one's right to a jury of his or her peers, on the . judgment in subdivision (c) of this rule must be heard and determined before which a responsive pleading is permitted is so vague or ambiguous that a party 0000015289 00000 n coronavirus A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. 0000017233 00000 n foreclosure 2d 1017, 1019 (Fla. 3d DCA 1982) (internal citations omitted) (Certainty is required when pleading defenses and claims alike, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient.); Walker v. Walker, 254 So. [2] Note that a motion to hear affirmative defenses is a prohibited motion. (d) Preliminary Hearings. closings Rule 1.140 - DEFENSES (a) When Presented. However, the affirmative defense known as laches was the topic of a prior article. 2d at 13738 (striking affirmative defenses where [a] careful analysis of each of the affirmative defenses reflects that they are, on the whole, conclusory in their content, and lacking in any real allegations of ultimate fact demonstrating a good defense to the complaint.); Gatt, 446 So. (LogOut/ It is not enough for counterclaim within 20 days after service of the counterclaim. Rule 6.113 (2) (h) requires affirmative defenses to be specific, "detailing the conduct giving rise to the defense, with leave to amend within 10 days." It also says, "Failure to plead with specificity shall result in the striking of the defense." They may be changed on a case-by-case basis depending on the rulings and facts in a particular case. See Standard Jury Instructions in Contracts and Business Cases. These instructions should not be given if the plaintiff suffered an impact of any type. (Section 5, Rule 6, Rules of Civil Procedure). Revisions in the Model Instructions often lag some time behind revisions in the substantive charges the use of which is illustrated in the Model Instructions. A party served with a pleading Take note that the plaintiff is prohibited from filing a motion for reconsideration of the courts order granting the affirmative defense pursuant to Section 12(c) of Rule 15. 0000029650 00000 n 4 0 obj Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection. endobj Ins. After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. Disclaimer | Sitemap | Privacy Policy |. (e)Effect of Failure to Deny. Pankauski Lazarus PLLC represents clients throughout Florida, including the cities of West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Riviera Beach, North Palm Beach, Abacoa, Wellington, Lake Worth, Palm Beach Gardens, Jupiter, Greenacres, Deerfield Beach, Pompano Beach and Fort Lauderdale, as well as other communities in Palm Beach County, Broward County and Miami Dade County. 2d 642, 645 (Fla. 1972) (trial court properly struck affirmative defense which alleged only conclusions of law without supporting ultimate facts). (e) Effect of Failure to Deny. 0000001945 00000 n x\YoIr&0ob?n@]:^,uf$Qh(5byZ$X>Yg]yEFEd~xvfnswoung~_g]*ku^@Xd|{[O~|2v+2[UnME53E^Sg+wF72\WKunz'C:b; 3d={h[[`=j) +[U1NM5&-?jOL\b2lxla]dY.N+Js|veqFo~tbZ/~z7~nkvun2Nl]XE4\6DSU1}bZwr#7mb;4t|8 NM^ H|8%X Y-Gqc\93dkmI+u\&qqK Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." (1)Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong. Estoppel. A motion making any of these responses must be made before pleading if a further pleading is permitted. :g2}X{EZYb"}6v{rk!eZVb>VNHebspqO ms7D@dx$/st.~6Q_=DM$+|L&9y+$3F1BRS)z(Kp?> 8Dty0w %,qi9:UFo33, '40Qaz|)3lt'?=GH;W8iU8. forth in the Florida Rules of Civil Procedure.9 Company B added the necessary material called for in the note to the form, i.e., the date of the release (which the form presumes is a written release), attaching and incorporating same to the defenses consistent with Rule 1.130(a), Florida Rules of Civil Procedure. An affirmative defense is adefensein which thedefendantintroducesevidence, which, if found to be credible, will negatecriminalliabilityorcivil liability, even if it is proven that the defendant committed the alleged acts. endobj 3. (e)Effect of Failure to Deny. The committee made arbitrary decisions about various factors involved in each hypothetical case, and the Model Instructions are not intended to be incorporated entirely into a courts instruction. A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. 2d 6 (Fla. 1st DCA 2008). See Fla.R.Civ.P. The person served with the summons and third-party complaint, herein called the third-party defendant, shall make defenses to the defendant's claim as provided in rules 1.110 and 1.140 and counterclaims against the defendant and crossclaims against other third-party defendants as provided in rule 1.170. Except for prescription, extinction of the claim or demand, and unenforceability under the statute of frauds, these affirmative defenses were not grounds of a motion to dismiss under Rule 16 of the 1997 Rules of Civil Procedure. See, e.g., Cady 528 So. Fraud. Nevertheless, the most common affirmative defenses are listed in Florida Rule of Civil Procedure 1.110. prevailing party endobj endobj b))dY2rxKeJV&u\Y')bJvI#re v\Mg lrUAMJ;U ',-[/EH*|%Zzm;NV)*));D )oW7ss)6_r6_D0x.6mU?E..RMkv A notice of related cases, form 12.900(h), must be filed in conformity with Florida Rule of General Practice and Judicial Administration 2.545(d). There are a myriad of legally recognized affirmative defenses under Florida law. Thus, in a suit against the defendant for the enforcement of a promissory note, the defendant may specifically deny the allegation in the complaint that he executed the promissory note. Although practitioners are fond of setting forth in the answer special and affirmative defenses, there is really no such thing as a special defense under the Rules of Civil Procedure. An affirmative defense to a criminal charge or a civil suit is a fact or group of facts that differ from those asserted by the prosecutor or plaintiff which, if successfully proven by the defendant, mitigates or entirely defeats the legal repercussions of the defendant's otherwise illegal actions. Cady v. Chevy Chase Sav. 8 0 obj employee of the state sued in an official capacity must serve an answer to the (c) Motion for Judgment on the Pleadings. 0000004287 00000 n A party who makes a motion 0000060863 00000 n (1) Unless a different time is prescribed in a statute of 112.3187-31895);Rodriguez v. Casson-Mark Corp., 2008 WL 2949520 (M.D. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). If a party makes a motion under this rule but omits from it any responses or objections then available to that party that this rule permits to be raised by motion, that party shall not thereafter make a motion based on any of the responses or objections omitted, except as provided in subdivision (h)(2). (2) The defenses of failure to state a cause of action or a legal 8. for judgment on the pleadings or a motion to strike under subdivision (f), The motion must point out the defects complained of and the details desired. Affirmative defenses are not simple denials. Here, the court may defer resolution of the defense of prescription to the trial proper. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Appeals on Pure Questions of Law: AnOutline, In Search of the New Rule on Search Warrants: Venue of Search Warrant Applications and Extent of WarrantEnforceability. The petitioner must serve a response to a counterpetition within 20 days after service of the counterpetition. <>stream Metropolitan Life Insurance Co. v. McCarson, 467 So.2d 277 (Fla. 1985). (B) When sued pursuant to section 768.28, Florida Statutes, A party served with a pleading stating a crossclaim . 2d 664 (Fla. 4th DCA 2008) and ONeal v. Fla. A&M Univ., 989 So. 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. Affirmative defenses are the type of yea, but.. defenses. The party raising the affirmative defense has the burden of proof on establishing that it applies. The grounds on which any of the enumerated responses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. Purported affirmative defenses that do not satisfy this test are properly stricken. (4) If the court permits or requires an amended or pleader: (1) lack of jurisdiction over the subject matter, (2) lack of 415 South Olive Avenue West Palm Beach, FL. as is Affirmative defenses do not simply deny the facts of the opposing partys claim. Check out Florida Rule of Civil Procedure 1.140 When you " answer " the complaint, you may raise affirmative defenses Florida. 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. Unenforceability under the statute of frauds. Rule 1.110 states: 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, waiver, and any other matter constituting an avoidance or affirmative defense. Fla. R. Civ. acbpmP`1{`i1\@p/33+ 1g? Every defense in law or fact to a claim after the filing of the order or such other time as the court may fix, the