Blake v. Gilbert

In Blake v. Gilbert, 702 P.2d 631, 639 (Alaska 1985), the court upheld the amendment of the defendant's answer to include a statute of limitations defense after the defendant filed a motion for summary judgement on this ground. The court stated: While there is some authority that a defendant waives a statute of limitations defense if he fails to plead it and then later asserts it in a motion for summary judgment, this is an unduly technical rule which sound judicial administration cannot support. Such a rule is not tenable in view of the general purpose of the Rules that judicial decision should be on the merits of the case and not on pleading technicalities, and for the further reason that the Rules prescribe most liberal ... amendment of pleadings. (Blake v. Gilbert, 702 P.2d at 639.)