Rule 8

Question 1

Rule 8

Answer 1

General Rules of Pleading

Question 2

Rule 8 (a)

Answer 2

Claim for relief

Question 3

Rule 8 (a)(1)(2)(3)

Answer 3

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction (unless already established)
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for relief sought, which may include relief in the alternative or different types of relief.

Question 4

Rule 8 (b)

Answer 4

Defenses; Admissions and Denials

Question 5

Rule 8 (b)(1)

Answer 5

(1) In general. In responding to a pleading, a party must:
(A) state in a 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.

Question 6

Rule 8 (b)(2)

Answer 6

Denials – Responding to the Substance. A denial must fairly respond to the substance of the allegation.

Question 7

Rule 8 (b)(3)

Answer 7

General and Specific Denials.
A party that intends in good faith to deny all allegations of a pleading – including jurisdictional grounds – 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.

Question 8

Rule 8 (b)(4)

Answer 8

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.

Question 9

Rule 8 (b)(5)

Answer 9

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.

Question 10

Rule 8 (b)(6)

Answer 10

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.

Question 11

Rule 8 (c)

Answer 11

Affirmative Defenses

Question 12

Rule 8 (c)(1)

Answer 12

(1) In General.
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;
* duress;
* estoppel;
* failure of consideration;
* illegality;
* injury by fellow servant;
*laches;
* license;
* payment;
* res judicata;
* statute of frauds;
* statute of limitations; and
* waiver.

Question 13

Rule 8 (c)(2)

Answer 13

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.

Question 14

Rule 8 (d)

Answer 14

Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.

Question 15

Rule 8 (d)(1)

Answer 15

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

Question 16

Rule 8 (d)(2)

Answer 16

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.

Question 17

Rule 8 (d)(3)

Answer 17

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