![]() ![]() ![]() 12(B)(6) motion, there is an exception where the existence of the affirmative defense is obvious from the face of the complaint." Morrow v. "Although a party may not generally raise an affirmative defense in a Civ.R. The following quote from a decision of the Court of Appeals for the Tenth Appellate District illustrates the reasoning of such decisions: 12 (B) (6) because such causes of action were time barred even while recognizing that a party may not usually assert an affirmative defense in a motion brought under Civ. Ohio appellate courts, however, have in fact allowed dismissal of causes of action under Civ. Under the above analysis, then, a defendant would not be able to make a successful argument that a claim that is time barred is subject to a motion to dismiss for failure to state a claim. ![]() Thus it would seem that a defendant seeking to have a claim dismissed because it is time barred would be required to make a motion for a summary judgment pursuant to Civ. Trial courts make rulings on whether a complaint states a cause of action by only looking at the four corners of the document. Producing such evidence would mean going beyond four corners of the document. Since it is an affirmative defense the burden would be on the defendant to produce evidence showing that the claim is time barred. If the affirmative defense is based on a statute of limitations then the defendant would be admitting that there was a valid cause of action stated but that the claim is time barred. When a party asserts an affirmative defense such party is admitting that even if the facts set forth in the complaint are true, the defending party is not liable because of the affirmative defense. Since failure to bring a cause of action within the applicable statute of limitations is an affirmative defense, it would seem that a trial court could not dismiss on the grounds that a cause of action was time barred. What happens, though, if the defendant believes that the plaintiff has failed to bring the action within the applicable statute of limitations? Does such a complaint state a cause of action? 12 (B) (6) allows a trial court to dismiss a civil case if the complaint fails to state a cause of action. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |