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NRCP Rule 8
RULE 8. GENERAL RULES OF PLEADING
(a) Claims for Relief. A pleading which sets
forth a claim for relief, whether an original claim, counterclaim, cross-claim,
or third-party claim, shall contain (1) a short and plain statement of the
claim showing that the pleader is entitled to relief, and (2) a demand for
judgment for the relief to which he deems himself entitled. Relief in the
alternative or of several different types may be demanded. Where a claimant
seeks damages of more than $10,000, the demand shall be for damages “in excess
of $10,000” without further specification of amount.
(b) Defenses; Form of Denials. A party shall
state in short and plain terms his defenses to each claim asserted and shall
admit or deny the averments upon which the adverse party relies. If he is
without knowledge or information sufficient to form a belief as to the truth of
an averment, he shall so state and this has the effect of a denial. Denials
shall fairly meet the substance of the averments denied. When a pleader intends
in good faith to deny only a part or a qualification of an averment, he shall
specify so much of it as is true and material and shall deny only the
remainder. Unless the pleader intends in good faith to controvert all the
averments of the preceding pleading, he may make his denials as specific
denials of designated averments or paragraphs, or he may generally deny all the
averments except such designated averments or paragraphs as he expressly
admits; but, when he does so intend to controvert all its averments, including
averments of the grounds upon which the court’s jurisdiction depends, he may do
so by general denial subject to the obligations set forth in Rule 11.
(c) Affirmative Defenses. In pleading to a
preceding pleading, a party shall set forth affirmatively 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, waiver, and any other
matter constituting an avoidance or affirmative defense. When a party has
mistakenly designated a defense as a counterclaim or a counterclaim as a
defense, the court on terms, if justice so requires, shall treat the pleading
as if there had been a proper designation.
(d) Effect of Failure to Deny. Averments in a
pleading to which a responsive pleading is required, other than those as to the
amount of damage, are admitted when not denied in the responsive pleading.
Averments in a pleading to which no responsive pleading is required or
permitted shall be taken as denied or avoided.
(e) Pleading to Be Concise and Direct; Consistency.
(1) Each averment of a pleading shall be simple,
concise, and direct. No technical forms of pleading or motions are required.
(2) A party may set forth two or more statements of a
claim or defense alternately or hypothetically, either in one count or defense
or in separate counts or defenses. When two or more statements are made in the
alternative and one of them if made independently would be sufficient, the
pleading is not made insufficient by the insufficiency of one or more of the
alternative statements. A party may also state as many separate claims or
defenses as he has regardless of consistency and whether based on legal or on
equitable grounds or on both. All statements shall be made subject to the
obligations set forth in Rule 11.
(f) Construction of
Pleadings. All pleadings shall be so construed as to do substantial
justice.
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*** Any rule can change at any time - This rule may have been amended ***
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