Federal Rules of Civil Procedure

RULE 8 — GENERAL RULES OF PLEADING

Rule 8(a) — Claim for Relief

Rule 8(a). Claim for Relief. → A pleading that states a claim for relief must contain:

Rule 8(a)(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;

Rule 8(a)(2) → a short and plain statement of the claim showing that the pleader is entitled to relief; and

Rule 8(a)(3) → a demand for the relief sought, which may include relief in the alternative or different types of relief.

RULE 8(b) — DEFENSES; ADMISSIONS AND DENIALS

Rule 8(b).

Rule 8(b)(1)

Rule 8(b)(1).

Rule 8(b)(1)(A)

Rule 8(b)(1)(B)

Rule 8(b)(2)

Rule 8(b)(3)

Rule 8(b)(4)

Rule 8(b)(5)

Rule 8(b)(6)

Rule 8(b)(2)

Rule 8(b)(2). Denials—Responding to the Substance. → A denial must fairly respond to the substance of the allegation.

Rule 8(b).

Defenses; Admissions and Denials. → Defenses; Admissions and Denials.

Rule 8(b)(1)

Rule 8(b)(1). In General. → In responding to a pleading, a party must:

Rule 8(b)(1)(A) → state in short and plain terms its defenses to each claim asserted against it; and

Rule 8(b)(1)(B) → admit or deny the allegations asserted against it by an opposing party.

Rule 8(b)(3)

Rule 8(b)(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.

Rule 8(b)(4)

Rule 8(b)(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.

Rule 8(b)(5)

Rule 8(b)(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.

Rule 8(b)(6)

Rule 8(b)(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.

RULE 8(c) — AFFIRMATIVE DEFENSES

Rule 8(c)(1)

Rule 8(c)(1). In General. → In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

Rule 8(c)(1) — accord and satisfaction → accord and satisfaction;

Rule 8(c)(1) — arbitration and award → arbitration and award;

Rule 8(c)(1) — assumption of risk → assumption of risk;

Rule 8(c)(1) — contributory negligence → contributory negligence;

Rule 8(c)(1) — duress → duress;

Rule 8(c)(1) — estoppel → estoppel;

Rule 8(c)(1) — failure of consideration → failure of consideration;

Rule 8(c)(1) — fraud → fraud;

Rule 8(c)(1) — illegality → illegality;

Rule 8(c)(1) — injury by fellow servant → injury by fellow servant;

Rule 8(c)(1) — laches → laches;

Rule 8(c)(1) — license → license;

Rule 8(c)(1) — payment → payment;

Rule 8(c)(1) — release → release;

Rule 8(c)(1) — res judicata → res judicata;

Rule 8(c)(1) — statute of frauds → statute of frauds;

Rule 8(c)(1) — statute of limitations → statute of limitations; and

Rule 8(c)(1) — waiver → waiver.

Rule 8(c)(2) —> Rule 8(c)(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.

RULE 8(d) — PLEADING TO BE CONCISE AND DIRECT; ALTERNATIVE STATEMENTS; INCONSISTENCY

Rule 8(d)(1)

Rule 8(d)(1). In General. → Each allegation must be simple, concise, and direct. No technical form is required.

Rule 8(d)(2)

Rule 8(d)(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.

Rule 8(d)(3)

Rule 8(d)(3). Inconsistent Claims or Defenses. → A party may state as many separate claims or defenses as it has, regardless of consistency.

RULE 8(e) — CONSTRUING PLEADINGS

Rule 8(e). Construing Pleadings. → Pleadings must be construed so as to do justice.

RULE 9 — PLEADING SPECIAL MATTERSRULE 9(a) — CAPACITY OR AUTHORITY TO SUE; LEGAL EXISTENCE

Rule 9(a)(1)

Rule 9(a)(1). In General. → Except when required to show that the court has jurisdiction, a pleading need not allege:

Rule 9(a)(1)(A) → a party’s capacity to sue or be sued;

Rule 9(a)(1)(B) → a party’s authority to sue or be sued in a representative capacity; or

Rule 9(a)(1)(C) → the legal existence of an organized association of persons that is made a party.

Rule 9(a)(2)

Rule 9(a)(2). Raising Those Issues. → To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.

RULE 9(b) — FRAUD OR MISTAKE; CONDITIONS OF MIND

Rule 9(b). Fraud or Mistake; Conditions of Mind. → In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

RULE 9(c) — CONDITIONS PRECEDENT

Rule 9(c). Conditions Precedent. → In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity

RULE 9(d) — OFFICIAL DOCUMENT OR ACT

Rule 9(d). Official Document or Act. → In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

RULE 9(e) — JUDGMENT

Rule 9(e). Judgment. → In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it

RULE 9(f) — TIME AND PLACE

Rule 9(f). Time and Place. → An allegation of time or place is material when testing the sufficiency of a pleading

RULE 9(g) — SPECIAL DAMAGES

Rule 9(g). Special Damages. → If an item of special damage is claimed, it must be specifically stated

RULE 9(h) — ADMIRALTY OR MARITIME CLAIM

Rule 9(h)(1)

Rule 9(h)(1). How Designated. → If a claim for relief is within the admiralty or maritime jurisdiction and also within the court’s subject-matter jurisdiction on some other ground, the pleading may designate the claim as an admiralty or maritime claim for purposes of Rules 14(c), 38(e), and 82 and the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A claim cognizable only in the admiralty or maritime jurisdiction is an admiralty or maritime claim for those purposes, whether or not so designated.

Rule 9(h)(2)

Rule 9(h)(2). Designation for Appeal. → A case that includes an admiralty or maritime claim within this subdivision (h) is an admiralty case within 28 U.S.C. §1292(a)(3)

What must a Rule 8(a)(2) claim contain? →

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

How must a denial respond? →

A denial must fairly respond to the substance of the allegation.

Denying only 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

Lacking sufficient 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.

Effect of failing to deny an allegation →

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 →

If a responsive pleading is not required, an allegation is considered denied or avoided

General denial →

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

Rule 8(d)(1) — Form of allegations →

Each allegation must be simple, concise, and direct. No technical form is required

Rule 8(d)(2) — Alternative statements →

If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient

Rule 8(d)(3) — Inconsistency →

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

Rule 8(e) →

Pleadings must be construed so as to do justice.

Rule 9(b) — Fraud or mistake →

In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake

Rule 9(b) — Conditions of mind →

Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally

Rule 9(c) — Pleading conditions precedent →

In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed

Rule 9(c) — Denying conditions precedent →

But when denying that a condition precedent has occurred or been performed, a party must do so with particularity

Rule 9(d) — Official document or act →

In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done

Rule 9(e) — Judgment →

In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

Rule 9(f) — Time and place →

An allegation of time or place is material when testing the sufficiency of a pleading.

Rule 9(g) — Special damages →

If an item of special damage is claimed, it must be specifically stated.