FRCP Rule 8

From LegalLanding

Below is Rule 8 of the Federal Rules of Civil Procedure. Rule 8 deals with General Rules of Pleading, and is indexed under Chapter III, dealing with Pleadings and Motions.

For a general overview of pleading and its history in the United States, see Pleadings, Generally.

(a) Claims 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 the court already has jurisdiction and the claim needs no new jurisdictional support;

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

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

(b) Defenses; Admissions 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 — including the 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.

(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.

(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;

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) 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) 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 2 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 or Defenses.

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

(e) Construing Pleadings.

Pleadings must be construed so as to do justice.