Rule 8. General Rules of Pleading

CRLJ 8

GENERAL RULES OF PLEADING

(a) Claims for Relief. A pleading that 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 the pleader claims entitlement. 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 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.

ceding 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.

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

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

negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fault of a

nonparty, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata,

statute of frauds, statute of limitation, 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 responsive pleading is

required, other than those as to the amount of damage, are admitted when not denied in the

responsive pleading. Averments in a pleading to which no responsive pleading is required or

permitted shall be taken as denied or avoided.

quires, shall treat the pleading as if

there had been a proper designation.

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

required, other than those as to the amount of damage, are admitted when not denied in the

responsive pleading. 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

pleadings or motions are required.

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

hypothetically, either in one count or defense or in separate counts or defenses. When two or

more statements are made in the alternative and one of them if made independently would be

sufficient, the pleading is not made insufficient by the insufficiency of one 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 on 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.