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· 7/2/2002

Patrick Clark v. Steven Martinez

Citations

  • 295 F.3d 809
  • 52 Fed. R. Serv. 3d 1117
  • 59 Fed. R. Serv. 132
  • 2002 U.S. App. LEXIS 13149
  • 2002 WL 1414397

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a party generally waives an affirmative defense by not raising it in a responsive pleading
  • “Questions of the relevance and admissibility of evidence are questions of federal law.”
  • “A party generally waives an affirmative defense if it fails to assert the defense in its responsive pleadings. Further, a party may be banned from advancing theories that are not identified in the pretrial order.”
  • Rule 403 applies to evidence otherwise admissible pursuant to Rule 404(b)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Arnold, Wollman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.