{"id":4151,"date":"2017-08-08T20:00:16","date_gmt":"2017-08-08T20:00:16","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4151"},"modified":"2017-08-13T17:51:59","modified_gmt":"2017-08-13T17:51:59","slug":"rule-8-general-rules-of-pleading","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4151","title":{"rendered":"Rule 8 \u2013 General Rules of Pleading"},"content":{"rendered":"
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(a) Claim for Relief.<\/span> A pleading that states a claim for relief must contain:<\/span><\/strong><\/span><\/p>\n

(1) a short and plain statement of the grounds for the court\u2019s jurisdiction, unless<\/em> the court already has jurisdiction and the claim needs no new jurisdictional support;<\/span><\/strong><\/span><\/p>\n

(2) a short and plain statement of the claim showing that the pleader is entitled to relief<\/em>; and<\/span><\/strong><\/span><\/p>\n

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.<\/span><\/strong><\/span><\/p>\n<\/div>\n<\/div>\n

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(b) Defenses; Admissions and Denials.<\/span><\/span><\/strong><\/span><\/p>\n

(1) In General. In responding to a pleading, a party must:<\/span><\/strong><\/span><\/p>\n

(A) state in short and plain terms<\/em> its defenses to each claim asserted against it; and<\/span><\/strong><\/span><\/p>\n

(B) admit or deny the allegations asserted against it by an opposing party.<\/span><\/strong><\/span><\/p>\n

(2) Denials\u2014Responding to the Substance.<\/span> A denial must fairly respond to the substance<\/em> of the allegation.<\/span><\/strong><\/span><\/p>\n

(3) General and Specific Denials.<\/span> A party that intends in good faith to deny<\/em> all the allegations of a pleading\u2014including the jurisdictional grounds \u2014 may do so by a general denial. A party that does not<\/em> intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.<\/span><\/span><\/strong><\/span><\/p>\n

(4) Denying Part of an Allegation.<\/span> A party that intends in good faith to deny only part of an allegation must<\/em> admit the part that is true and deny the rest.<\/span><\/strong><\/span><\/p>\n

(5) Lacking Knowledge or Information.<\/span> 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.<\/span><\/strong><\/span><\/p>\n

(6) Effect of Failing to Deny.<\/span> An allegation\u2014other than one relating to the amount of damages\u2014is admitted if a responsive pleading is required and the allegation is not<\/em> denied. If a responsive pleading is not<\/em> required, an allegation is considered denied or avoided.<\/span><\/strong><\/span><\/p>\n

(c) Affirmative Defenses.<\/span><\/span><\/strong><\/span><\/p>\n

(1) In General. In responding to a pleading, a party must affirmatively state\u00a0<\/span><\/strong><\/span>any avoidance or affirmative defense<\/em>, including:<\/span><\/strong><\/span><\/p>\n