SCOTUS Blog·1 hour ago·Wednesday, October 28, 2026, 10:00 AM

Justices to decide whether failure to plead an affirmative defense prevents moving for summary judgment on that same defense

Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia, to be argued on Nov. 2, involves an issue that will quicken the pulse of civil procedure aficionados. No less than four different rules of the Federal Rules of Civil Procedure are in play: affirmative defenses under Rule 8, amending a pleading under Rule 15, pretrial management under Rule 16, and summary judgment under Rule 56.

Read the full story at SCOTUS Blog →

Opens scotusblog.com in a new tab.