Rule 8. General Rules of Pleading

(a) Claims for Relief. A pleading which sets

forth a claim for relief, whether an original claim, counterclaim, cross-claim, or

third-party claim, shall contain:

(1) A short and plain statement of the claim showing that the pleader is entitled

to relief; and

(2) A demand for judgment for the relief to which he deems himself entitled.

Relief in the alternative or of several different types may be demanded.

(b) Defenses; Form of Denials. A party shall state in short and plain terms the

party's defenses to each claim asserted and shall admit or deny the averments upon

which the adverse party relies. If a party is without knowledge or information

sufficient to form a belief as to the truth of an averment, the party shall so state and

this has the effect of a denial. Denials shall fairly meet the substance of the averments

denied. When a pleader intends in good faith to deny only a part or a qualification

of an averment, the pleader shall specify so much of it as is true and material and

shall deny only the remainder. Unless the pleader intends in good faith to controvert

all the averments of the preceding pleading, the pleader may make denials as specific

denials of designated averments or paragraphs, or the pleader may generally deny

all the averments except such designated averments or paragraphs as the pleader

expressly admits; but, when the pleader does so intend to controvert all its

averments, the pleader may do so by general denial subject to the obligations set

forth in Rule 11. Denial of the authenticity or validity of a signature shall be by

specific negative averment, and a general denial shall not put such signature in issue.

ts except such designated averments or paragraphs as the pleader

expressly admits; but, when the pleader does so intend to controvert all its

averments, the pleader may do so by general denial subject to the obligations set

forth in Rule 11. Denial of the authenticity or validity of a signature shall be by

specific negative averment, and a general denial shall not put such signature in issue.

(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set

forth affirmatively accord and satisfaction, arbitration and award, assumption of risk,

discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality,

injury by fellow servant, laches, license, payment, release, res judicata, statute of

frauds, statute of limitations, waiver, and any other matter constituting an avoidance

or affirmative defense. When a party has mistakenly designated a defense as a

counterclaim or a counterclaim as a defense, the court on terms, if justice so requires,

shall treat the pleading as if there had been a proper designation.

(d) Effect of Failure to Deny. Averments in a pleading to which a responsive

pleading is required, other than those as to the amount of damages, are admitted

when not denied in the responsive pleadings. Averments in a pleading to which no

responsive pleading is required or permitted shall be taken as denied or avoided.

(e) Pleading to Be Concise and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical

forms of pleading or motions are required.

(2) A party may set forth two (2) or more statements of a claim or defense

alternately or hypothetically, either in one (1) count or defense or in separate counts

or defenses. When two (2) or more statements are made in the alternative and one

and Direct; Consistency.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical

forms of pleading or motions are required.

(2) A party may set forth two (2) or more statements of a claim or defense

alternately or hypothetically, either in one (1) count or defense or in separate counts

or defenses. When two (2) or more statements are made in the alternative and one

(1) of them if made independently would be sufficient, the pleading is not made

insufficient by the insufficiency of one (1) or more of the alternative statements. A

party may also state as many separate claims or defenses as the party has regardless

of consistency and whether based on legal or equitable grounds or on both. All

statements shall be made subject to the obligations set forth in Rule 11.

(f) Construction of Pleadings. All pleadings shall be so construed as to do

substantial justice.