Brief Fact Summary. A Missouri real estate owner sued a telephone company for entering her land and installing underground telephone wires without her consent.
Synopsis of Rule of Law. A defendant must assert an affirmative defense under Fed. R. Civ. P. 8(c) in order to introduce extrinsic evidence in his answer to the complaint.
In applying Rule 55.08 and in determining what defenses must be affirmatively pleaded the test applied is whether the defendant intends to rest his defense upon some fact not included in the allegations necessary to support the plaintiff's case.View Full Point of Law
Issue. Whether a defendant may enter evidence outside the pleadings as part of his answer to a complaint where he has not asserted an affirmative defense.
Held. No. The judgment of the lower court in favor of the defendants was reversed. The introduction of evidence comprising an answer to a complaint can only be raised as part of an affirmative defense.
Discussion. The distinction between a general denial under 8(b) and an affirmative defense under 8(c) is vital because an affirmative defense transfers the burden of proof to the defendant, who must prove by a preponderance of the evidence the truth of the matter asserted in his answer.