(a) CLAIM FOR RELIEF. A pleading that states a claim for relief must contain:
- 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;
- a short and plain statement of the claim showing that the pleader is entitled to relief; and
- a demand for the relief sought, which may include relief in the alternative or different types of relief.
(b) DEFENSES; ADMISSIONS AND DENIALS.
- In General. In responding to a pleading, a party must:
- state in short and plain terms its defenses to each claim asserted against it; and
- admit or deny the allegations asserted against it by an opposing party.
- Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation.
- 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.
- 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.
- 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.
- 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.
- 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;
- failure of consideration;
- injury by fellow servant;
- res judicata;
- statute of frauds;
- statute of limitations; and
- 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.
- In General. Each allegation must be simple, concise, and direct. No technical form is required.
- 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.
- 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.
|Apr. 28, 2010||Dec. 1, 2010|
|Apr. 30, 2007||Dec. 1, 2007|
|Mar. 2, 1987||Aug. 1, 1987|
|Feb. 28, 1966||July 1, 1966|