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Hi, Margery, and thank you for your prompt response. I am not proceeding on my own, I just would like to understand how this process works; however, I am still confused. I understand the fact that if it's note raised in answer as an affirmative defense that it may be waived. What happens if one just found out that a violation was committed? that's why I would like to know if I have to wait until a final order is given to counterclaim or initiate action in federal court? Can I initiate action in federal court and claim all these omitted facts as causes for relief and include all parties involved? Thanks again.

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Attorney answers (1)

Reputation Level 13
This question appears incomplete. If you supply more information, someone may be able to give you a response that will be helpful.

It SOUNDS LIKE you have a case pending and are considering waiting to raise pertinent matters in a subsequent action. If so, you generally must assert claims and defenses arising out of that transaction or occurrence in the same case, and if you fail to do so, you may be barred from asserting them later.

Please bear in mind I am not sure what your questions is.

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