More than likely the defendant is using a technicality that can be as simple as the wording in the original filing petition(s). The party involved may be able to modify the suit or may need to refile the entire case. State laws govern the civil action process, therefore any remedy available depends on the applicable state statutes.
In Civil Law, an “answer” is the first formal response given by the defense to a complaint filed with the court by the plaintiff. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
In Civil Law, a “complaint” is the very first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice.
Your question is too broad to be answered as written, as the nature of the defense depends upon the cause of action asserted by the Plaintiff.
The defense of consent can provide justification of a tort if the defendant can show that the plaintiff agreed to the conduct that caused the harm. This defense asserts that the plaintiff willingly accepted the risk associated with the defendant's actions.
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Statute of limitations
release of tortfeasor
The plaintiff - their legal representative outlines the case for the prosecution. It's then up to the defence barrister to answer the allegations on behalf of the defendant.
The preferred defense in a negligence suit is to argue that the defendant did not owe a duty of care to the plaintiff, did not breach that duty, or that the plaintiff's own actions contributed to their injury (contributory negligence or assumption of risk). Additionally, the defendant may argue that the plaintiff's injury was not directly caused by their actions.
It generally means the access by a plaintiff to a lawyer who directs his defense.
Insolvency is not a defense to a complaint for a foreclosure deficiency. If you have filed bankruptcy and the debt was discharged, that would be a defense.
Pleadings like the complaint and the answer are not evidence. The standard practice is to conduct what is called discovery. You can ask written questions about the facts to support the allegations of the complaint, demand documents and take the depositions of the witnesses. The plaintiff is not necessarily obligated to proceed at trial with all of the claims, but you can have the witnesses and documentary evidence available at trial to disprove the claims.