Which of the following is true about a defendant's ability to introduce evidence of fraud if the affirmative defense was not specifically pleaded?

In Louisiana civil procedure, a defendant is required to specifically plead affirmative defenses in their answer. If an affirmative defense, such as fraud, is not included in the answer, then the defendant typically cannot introduce evidence of that defense without first addressing the procedural oversight.

The correct understanding is that the plaintiff must provide a timely objection if the defendant attempts to introduce evidence of an unpleaded affirmative defense. This follows the principle of preventing surprise and ensuring that both parties have a fair opportunity to prepare their respective cases. If the plaintiff does not object in a timely manner, the trial court may permit the introduction of evidence, but this is contingent upon the plaintiff’s objection.

Thus, the procedural framework imposes the need for the plaintiff to act, ensuring that the trial advances fairly and in accordance with established rules. This emphasizes the importance of both parties adhering to the pleadings and maintaining an organized approach to presenting evidence in court.