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Rule 8

This rule was superseded on 11/1/2011. The current version of this rule is found at this page.

Rule 8. General rules of pleadings.

(a) Claims for relief. A pleading which sets forth a claimfor relief, whether an original claim, counterclaim, cross-claim or third-partyclaim, shall contain (1) a short and plain statement of the claim showing thatthe pleader is entitled to relief; and (2) a demand for judgment for the reliefto which he deems himself entitled. Relief in the alternative or of severaldifferent types may be demanded.

(b) Defenses; form of denials. A party shall state in shortand plain terms his defenses to each claim asserted and shall admit or deny theaverments upon which the adverse party relies. If he is without knowledge orinformation sufficient to form a belief as to the truth of an averment, heshall so state and this has the effect of a denial. Denials shall fairly meetthe substance of the averments denied. When a pleader intends in good faith todeny only a part or a qualification of an averment, he shall specify so much ofit as is true and material and shall deny only the remainder. Unless thepleader intends in good faith to controvert all the averments of the precedingpleading, he may make his denials as specific denials of designated avermentsor paragraphs, or he may generally deny all the averments except such designatedaverments or paragraphs as he expressly admits; but, when he does so intend tocontrovert all its averments, he may do so by general denial subject to theobligations set forth in Rule 11.

(c) Affirmative defenses. In pleading to a precedingpleading, a party shall set forth affirmatively accord and satisfaction,arbitration and award, assumption of risk, contributory negligence, dischargein 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 matterconstituting an avoidance or affirmative defense. When a party has mistakenlydesignated a defense as a counterclaim or a counterclaim as a defense, thecourt on terms, if justice so requires, shall treat the pleadings as if therehad been a proper designation.

(d) Effect of failure to deny. Averments in a pleading towhich a responsive pleading is required, other than those as to the amount ofdamage, are admitted when not denied in the responsive pleading. Averments in apleading to which no responsive pleading is required or permitted shall betaken as denied or avoided.

(e) Pleading to be concise and direct; consistency.

(e)(1) Each averment of a pleading shall be simple, concise,and direct. No technical forms of pleading or motions are required.

(e)(2) A party may set forth two or more statements of aclaim or defense alternately or hypothetically, either in one count or defenseor in separate counts or defenses. When two or more statements are made in thealternative and one of them if made independently would be sufficient, thepleading is not made insufficient by the insufficiency of one or more of thealternative statements. A party may also state as many separate claims ordefenses as he has regardless of consistency and whether based on legal or onequitable grounds or on both. All statements shall be made subject to theobligations set forth in Rule 11.

(f) Construction of pleadings. All pleadings shall be soconstrued as to do substantial justice.