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Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.
This form was amended in 1963 by deleting the stated dollar amount and substituting a blank, to be properly filled in by the pleader. See Note of Advisory Committee under Form 3.
TITLE 28 App. > FEDERAL > APPENDIX > Form 9
NOTES:
Note
Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff.
Source
(As amended Jan. 21, 1963, eff. July 1, 1963.)
Notes of Advisory Committee on Rules—1963 Amendment
This form was amended in 1963 by deleting the stated dollar amount and substituting a blank, to be properly filled in by the pleader. See Note of Advisory Committee under Form 3.
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