Cheney v. Rucker
In Cheney v. Rucker, 14 Utah 2d 205, 381 P.2d 86, 91 (Utah 1963), the Court addressed the amendment of an answer to add an affirmative defense, taking into consideration rule 8(c), which requires parties to plead affirmative defenses. Id. (citing Utah R. Civ. P. 8(c)).
There, the Court stated that parties must be "afforded the privilege of presenting whatever legitimate contentions they have pertaining to their dispute.
What they are entitled to is notice of the issues raised and an opportunity to meet them. When this is accomplished, that is all that is required." Id. at 91.