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I am filing answer to a complaint(civil). Can I use, res…

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I am filing answer to...
I am filing answer to a complaint(civil) . Can I use, res judicata as an affirmative defense in the answer?
Submitted: 4 months ago.Category: Legal
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3/19/2018
Lawyer: KLAW, Lawyer replied 4 months ago
KLAW
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Good morning. I am a legal expert attorney who will assist you today.What state are you filing the answer?
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Customer reply replied 4 months ago
ky.
Lawyer: KLAW, Lawyer replied 4 months ago
Ok thank you. I will answer your question.
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Lawyer: KLAW, Lawyer replied 4 months ago
You can use the affirmative defense of res judicata. The doctrine of res judicata bars claims that have either been litigated or that could have been litigated from being litigated again.The doctrines of res judicata often is interposed in an Answer when a subsequent case, similar to the case you are putting an answer in, has been already adjudicated.The rationale behind the doctrines is that an issue or cause of action fully litigated should not be litigated again. Res judicata is often referred to as "claim preclusion".In practice, Res judicata is raised when a party thinks that a particular claim was already, or could have been, litigated and therefore, should not be litigated again. When addressing a res judicata argument, a court will usually look at three factors. First, the court will consider whether there was previous litigation in which identical claims were raised, or in which identical claims could have been raised. The second factor to be considered is that the parties must be the same parties as those who litigated the original action. The third factor is that the original action must have received final judgment on the merits.Here is a case from Kentucky detailing the rule and use of res judicata. Vogler v. Salem Primitive Baptist Church, 415 S.W.2d 72 (Ky. 1967). It held that underKentucky CR 8.03 requires affirmative defenses such as res judicata to be “set forth affirmatively” in the answer, that is, that the pleading should give fair notice of the particular defense and a short statement of its grounds.I hope this helps and clarifies. Please don’t forget to rate the question. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
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