Rule 8

General Rules of Pleading

Rule 8(a)

Claim for Relief. Complaint must contain a short/plain explanation of:

1. Grounds for juris.
2. Claim and entitlement to relief (re: law).
3. Relief sought; relief in the alternative.

Rule 8(b)

Defenses; Admissions and Denials

Rule 8(b)(2)

Denials. Must respond to the substance of the allegation.

Rule 8(b)(3)

General and Specific Denials.

General denials include jurisdiction and substance of ALL allegations.

Specific denials may generally deny, except for specific admittances; or deny specifc allegations.

Rule 8(b)(4)

Denying Part of an Allegation.

Admit that part that is true and deny the rest.

Rule 8(b)(5)

Lacking Knowledge or Information (has the effect of a denial).

Must state lack of info./knowledge "sufficient to form a  belief about the truth of an allegation."

Rule 8(b)(6)

Effect of Failing to Deny.

Admitted if response required (except damages amount).

Denied or "avoided" of no response required.

Rule 8(c)

Affirmative Defenses.

Rule 8(c)(1)

General.

Responses must affirmatively state any avoidance or affirmative defense.

Examples: Duress, estoppel, failure of consideration, statute of limitation, etc.

Rule 8(c)(2)

Mistaken Designation.

In the interest of justice, the court may decide to accept defenses mistakenly designated as counterclaims (or vice versa) as if they were correctly designated.

Rule 12

Defenses and Objections.

Rule 12(a)(1)(A)

General.

Unless otherwise specified, service of process is as follows:

(A) Defendant must serve answer within

      (i) 20 days of service of summons/complaint, or

      (ii) 60 days of waiver (see Rule 4(d)).

Rule 12(a)(1)(B)

20 days to answer a counter-claim or cross-claim.

Rule 12(a)(1)(C)

20 days to serve a reply to an answer.

Rule 12(b)

How to Present Defenses.

Defenses to claims for relief must be in a responsive pleading, excpet for the following, which should be asserted by motion:

(1) Lack of subject matter juris

(2) Lack of personal juris

(3) Improper venue

(4) Insufficient process

(5) Insufficient service of process

(6) Failure to state a claim on which relief can be granted

(7) Failure to join a party under Rule 19