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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.
Mid-Michigan Litigation Update is authored by W. Jay Brown, a Midland Michigan based civil litigation attorney. The foregoing is intended to be for general information purposes only and is not intended to be specific legal advice and does not create an attorney-client relationship between W. Jay Brown PLC and you. Individuals with legal issues are advised to consult an attorney of your own choosing for advice specific to your situation.
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.
Mid-Michigan Litigation Update is authored by W. Jay Brown, a Midland Michigan based civil litigation attorney. The foregoing is intended to be for general information purposes only and is not intended to be specific legal advice and does not create an attorney-client relationship between W. Jay Brown PLC and you. Individuals with legal issues are advised to consult an attorney of your own choosing for advice specific to your situation.
