Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureEasy
A plaintiff filed a lawsuit in federal court. The defendant believes that the plaintiff's claim, even if factually true, is barred by the statute of limitations. The defendant wants to raise this defense. What is the most appropriate procedural mechanism for the defendant to do so?
- AFile a motion for a more definite statement.
- BRaise it as an affirmative defense in the answer.
- CFile a motion for judgment as a matter of law.
- DFile a motion to dismiss for lack of subject matter jurisdiction.
Show answer & explanationAnswer & explanation
Correct answer: B. Raise it as an affirmative defense in the answer.
The statute of limitations is an affirmative defense that must be pleaded in the defendant's answer to the complaint, as required by Federal Rule of Civil Procedure 8(c). Failure to plead an affirmative defense generally results in its waiver.
Why the other options are wrong
- A. A motion for a more definite statement (Rule 12(e)) addresses vague or ambiguous pleadings, not substantive defenses like the statute of limitations.
- C. A motion for judgment as a matter of law (Rule 50) is typically made at trial, after evidence has been presented, challenging the sufficiency of that evidence, not raising a pleading-stage defense.
- D. The statute of limitations is a defense to the merits of the claim, not a challenge to the court's subject matter jurisdiction.
Affirmative Defenses (FRCP 8(c))
Federal Rule of Civil Procedure 8(c) requires a party to 'affirmatively state any avoidance or affirmative defense,' including but not limited to the statute of limitations, res judicata, collateral estoppel, and assumption of risk. Failure to plead an affirmative defense typically results in its waiver.
- Must be pleaded in the answer.
- Shifts the burden of proof to the defendant for that defense.
- Waived if not timely pleaded.
Memory trick: Defend with Motions or Answer with Affirmative Power.