Affidavit of Defense Law and Legal Definition

Affidavit of defense is a plea in absentia in infraction and misdemeanor cases. It is similar to an affidavit of merits. It is made by a defendant or a person knowing the facts. In an affidavit of defense, a positive ground of defense on the merits should be stated. When a writ of summons has been served upon three defendants, and only one appears, a judgment for want of an affidavit of defense may be rendered against all.