| name | answer-affirmative-defenses |
| title | Answer and Affirmative Defenses |
| description | Drafts U.S. civil litigation Answers with paragraph-by-paragraph admissions/denials, affirmative defenses, and counterclaim triage. Trigger when user needs a responsive pleading to a complaint, mentions affirmative defenses, admit/deny responses, Rule 8, or insufficient knowledge responses. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/answer-affirmative-defenses |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["drafting","pleading"] |
Answer and Affirmative Defenses
Drafts a rule-compliant Answer with strategic admissions/denials and preserved affirmative defenses to avoid waiver.
Prerequisites
Collect before drafting:
- Complaint — filed version with numbered paragraphs and caption
- Service data — date, method, proof of service
- Client facts — timeline, documents, communications, witnesses
- Governing instruments — contracts, policies, statutes
- Jurisdiction rules — local rules on format, verification, deadlines
Workflow
1. Caption + Appearance
- Match court, parties, case number exactly from complaint.
- Note general vs special appearance (if contesting jurisdiction/venue).
2. Response Matrix
Build a response table before drafting the pleading body.
| ¶ | Allegation | Response | Qualification | Source |
|---|
| 1 | Party identity | Admit | Name/status only | Client docs |
| 2 | Jurisdiction | Deny | — | Investigate |
| 3 | Contract exists | Qualified | Admit execution; deny breach | Contract |
Response types: Admit · Deny · Lack knowledge (deny on that basis) · Qualified admit/deny
3. Paragraph-by-Paragraph Responses
Response templates:
- Admit: "Defendant admits the allegations in Paragraph __ of the Complaint."
- Deny: "Defendant denies the allegations in Paragraph __ of the Complaint."
- Lack knowledge: "Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph __ and on that basis denies them."
- Qualified: "Defendant admits [specific fact] as alleged in Paragraph __, but denies the remaining allegations in that paragraph."
Rules: Address every paragraph. Separate factual admissions from legal conclusions. Do not overuse lack-knowledge where defendant should reasonably know.
4. Affirmative Defenses
Number each defense separately. Include brief factual grounding without overcommitting.
