(a)
Claims for Relief.
A pleading that states a claim for
relief must contain:
(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;
(2) a short and plain statement of the claim showing
that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types
of relief.
(b)
Defenses; Admissions and Denials.
(1) In General.
In responding to a pleading, a
party must:
(A) state in short and plain terms its defenses to
each claim asserted against it; and
(B) admit or deny the allegations asserted
against it by an opposing party.
(2) Denials — Responding to the Substance.
A
denial must fairly respond to the substance of
the allegation.
(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.
(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.
(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.
(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.
(c)
Affirmative Defenses.
(1) 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;
- 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; and
- waiver.
(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.
(d)
Pleading to Be Concise and Direct; Alternative
Statements; Inconsistency.
(1) In General.
Each allegation must be simple,
concise, and direct. No technical form is
required.
(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.
(3) 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.