RULE 8: GENERAL RULES OF PLEADING
Rule 8(a) Claim Must Contain:
(1) short and plain statement on jurisdiction
(2) short and plain statement of claim
(3) relief sought (demand for judgment)
Rule 8(b) Defenses
· In short and plain terms state defenses to each claim
· Admit or deny the averments (facts)
o No knowledge as to truth
o Must meet substance of what denying
o Types of denials:
§ Specific- only part of the pleading
· If pleading is going to deny only part of an allegation, he should specify this- Rule 8(b)
§ Complete- all of the complaint denied
§ General denial- the entire complaint except for specified paragraphs
Rule 8(c) Affirmative Defenses
- Must be plead in the answer if plan to raise at trial
- An affirmative defense is an new matter that the def. must prove in order to avoid Pl.’s claim
- Any allegation not denied is deemed admitted
- If mistakenly designate a defense as a counterclaim (or vice versa), will be considered proper designation
- Affirmative Defenses:
- accord and satisfaction
- arbriation 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 (from liability)
- res judica (2nd claim preclusion)
- statute of frauds
- statute of limitations
- waiver
- any other matter constituting an avoidance or affirmative defense (What does this mean? Up to interpretation- see Gomez case)- see outline for explanation
Rule 8(d) Failure to Deny
- If fail to deny, averment considered admitted
- exception: amount of damages
- If fail to deny averment that doesn’t require one, considered denied or avoided
Rule 8(e) Concise, Direct; Consistent
(1) Each allegation shall be “simple, concise and direct.”
· No technical forms or pleadings or motions required
(2) Pleadermay make as many separate claims as wants in pleadings
Rule 8(f) Substantial Justice
Pleadings shall be construed to promote substantial justice
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