FEDERAL RULES OF CIVIL PROCEDURE
Articles III Rule 8

FEDERAL RULES OF CIVIL PROCEDURE

Articles III PLEADINGS AND MOTIONS

Federal Rules of Civil Procedure

Rule 8. General Rules of Pleading

(a) Claims for Relief.

A pleading which sets forth a claim for relief, whether an original claim, counterclaim,
cross-claim, or third-party claim, shall contain (1) a short and plain statement of the
grounds upon which the court's jurisdiction depends, unless the court already has
jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short
and plain statement of the claim showing that the pleader is entitled to relief, and (3) a
demand for judgment for the relief the pleader seeks. Relief in the alternative or of
several different types may be demanded.

(b) Defenses; Form of Denials.

A party shall state in short and plain terms the party's defenses to each claim asserted
and shall admit or deny the averments upon which the adverse party relies. If a party is
without knowledge or information sufficient to form a belief as to the truth of an
averment, the party shall so state and this has the effect of a denial. Denials shall fairly
meet the substance of the averments denied. When a pleader intends in good faith to
deny only a part or a qualification of an averment, the pleader shall specify so much of it
as is true and material and shall deny only the remainder. Unless the pleader intends in
good faith to controvert all the averments of the preceding pleading, the pleader may
make denials as specific denials of designated averments or paragraphs, or may generally
deny all the averments except such designated averments or paragraphs as the pleader
expressly admits; but, when the pleader does so intend to controvert all its averments,
including averments of the grounds upon which the court's jurisdiction depends, the
pleader may do so by general denial subject to the obligations set forth in Rule 11 .

(c) Affirmative Defenses.

In pleading to a preceding pleading, a party shall set forth affirmatively 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, waiver, and any other matter constituting an avoidance or affirmative
defense. When a party has mistakenly designated a defense as a counterclaim or a
counterclaim as a defense, the court on terms, if justice so requires, shall treat the
pleading as if there had been a proper designation.

(d) Effect of Failure To Deny.

Averments in a pleading to which a responsive pleading is required, other than those as to
the amount of damage, are admitted when not denied in the responsive pleading.
Averments in a pleading to which no responsive pleading is required or permitted shall be
taken as denied or avoided.

(e) Pleading to be Concise and Direct; Consistency

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

(2) A party may set forth two or more statements of a claim or defense alternately or
hypothetically, either in one count or defense or in separate counts or defenses. When two
or more statements are made in the alternative and one of them if made independently
would be sufficient, the pleading is not made insufficient by the insufficiency of one or
more of the alternative statements. A party may also state as many separate claims or
defenses as the party has regardless of consistency and whether based on legal,
equitable, or maritime grounds. All statements shall be made subject to the obligations
set forth in Rule 11 .

(f) Construction of Pleadings

All pleadings shall be so construed as to do substantial justice.

Federal Rules of Civil Procedure: Articles III: Rule 8. General Rules of Pleading NOTES


Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules n
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII

Federal Rules of Civil Procedure Articles III Rule 8. Rule 8. General Rules of Pleading