§ Rule 8 General Rules of Pleading

Rule 8. General Rules of Pleading

    (a) Claims for Relief. A pleading that states a claim for relief --whether an original claim, a counterclaim, a crossclaim, or a third-party claim -- must contain:

        (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and

        (2) a demand for the relief sought, which may include relief in the alternative or different types of relief.

    (b) Defenses and Denials.

        (1) In General. In responding to a pleading, a party must:

            (A) state in short and plain terms its defenses to each claim asserted against it; and

            (B) admit or deny the allegations asserted against it by an opposing party.

        (2) Denials--Responding to the Substance. A denial must fairly respond to the substance of the allegation.

        (3) General and Specific Denials. A party that intends in good faith to deny all the allegations of a pleading may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.

        (4) Denying Part of an Allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

        (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

        (6) Effect of Failing to Deny. An allegation--other than one relating to the amount of damages--is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

    (c) Affirmative Defenses. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

    -- accord and satisfaction:

    -- arbitration and award:

    -- assumption of risk:

    -- contributory negligence:

    -- 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: and

    -- waiver.

        (2) [FN1]Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.

    (d) [Transferred to Rule 8(b)(6)]

    (e) Pleading to be Concise and Direct; Alternative Statements; Inconsistency.

        (1) In General. Each allegation must be simple, concise, and direct. No technical form is required.

        (2) Alternative Statements of a Claim or Defense. A party may set out two or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

        (3) Inconsistent Claims of Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.

    (f) Construing Pleadings. Pleadings must be construed so as to do justice.

    [FN1] So in original, there is no subsec. (1).