Is a denial and demand for strict proof an affirmative defense?
No, the statement “Defendants specifically deny the allegations contained in this paragraph of the Complaint and demand strict proof thereof” is not an affirmative defense. It is a denial under Fed. R. Civ. P. 8(b), rather than an avoidance or affirmative defense under Fed. R. Civ. P. 8(c).
Legal Analysis
Issue
Whether the phrase “Defendants specifically deny the allegations contained in this paragraph of the Complaint and demand strict proof thereof” constitutes an affirmative defense.
Rule
Under Fed. R. Civ. P. 8(b), a defendant must “state in short and plain terms its defenses to each claim” and “admit or deny the allegations asserted by the opposing party.” A denial under Rule 8(b) is a statement contradicting or contesting the plaintiff’s factual allegations. In contrast, under Fed. R. Civ. P. 8(c)(1), affirmative defenses must be “affirmatively stated” and include matters such as accord and satisfaction, res judicata, statute of limitations, or waiver.[1][2]
Per Ingraham v. United States, 808 F.2d 1075, 1078 (5th Cir. 1987), affirmative defenses “raise matters outside the plaintiff’s prima facie case” and, if proven, defeat or mitigate the legal consequences of the defendant’s conduct even if the complaint’s allegations are true.[3]
Application
The quoted statement does not introduce a new matter or avoidance that would defeat the plaintiff’s claim even if the allegations were accepted as true. Instead, it merely denies the truth of the allegations and demands that the plaintiff establish proof — a feature consistent with a specific denial. The phrase “demand strict proof thereof” is typically viewed as surplusage; courts often treat it as a restatement of the denial itself, not as raising an independent legal defense. Therefore, it falls within Rule 8(b), not Rule 8(c).
Conclusion
The phrase constitutes a specific denial, not an affirmative defense. It requires no factual pleading beyond disputing the complaint’s assertions and does not need to be listed under Rule 8(c) affirmative defenses.
Example Classification:
| Type | Example | Legal Effect |
|---|---|---|
| Denial | “Defendants deny the allegations and demand strict proof.” | Contests plaintiff’s factual claims under Rule 8(b). |
| Affirmative Defense | “The claim is barred by the statute of limitations.” | Raises new matter that defeats liability even if allegations are true. |