Ind. Trial Rule 9.1

negligence, assumed risk, res ipsa loquitur,

consideration, bona fide purchaser, matters of judicial

notice—Answer of distraint

Effective January 1, 1970

(A) Defense of contributory negligence or assumed risk.

In all claims alleging negligence, the burden of pleading and proving contributory negligence,

assumption of risk, or incurred risk shall be upon the defendant who may plead such by

denial of the allegation.

(B) Res ipsa loquitur.

Res ipsa loquitur or a similar doctrine may be pleaded by alleging generally that the facts con-

nected with the action are unknown to the pleader and are within the knowledge of the

opposing party.

(C) Consideration.

When an action or defense is founded upon a written contract or release, lack of consideration for the promise or release is an affirmative defense, and the party asserting lack of

it carries the burden of proof.

(D) Bona fide purchaser.

When the rights of a person depend upon his status as a bona fide purchaser for value or

upon similar requirements, such status must be pleaded and proved by the person asserting

it, but it may be pleaded in general terms. Once it is established that the person has given

any required value, unless such value is commercially unreasonable, and that he has met any

requirements of recordation, filing, possession, or perfection, the trier of fact must find that

such value was given or such perfection was made in accordance with any requirements of

good faith, lack of knowledge, or lack of notice unless and until evidence is introduced which

would support a finding of its non-existence.

(E) Presumption--Matters of judicial notice.

Neither presumptions of law nor matters of which judicial notice may be taken need be

stated in a pleading.

(F) Property distrained--Sufficient answer.

In an action to recover the possession of property distrained while doing damage, an answer

that the defendant, or person by whose command he acted, was lawfully possessed of the

real property upon which the distress was made, and that the property distrained was at the

time doing damage thereon, shall be good without setting forth the title of such real property.