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Dr. Malachi Z. York
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Rule 8. General Rules of
Pleading
(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.
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Rule 14. Third-Party Practice
(a) When a Defending Party May Bring in a Third Party.
(1) Timing of the Summons and Complaint.
A defending party may, as third-party plaintiff, serve a summons
and complaint on a nonparty who is or may be liable to it for
all or part of the claim against it. But the third-party
plaintiff must, by motion, obtain the court's leave if it files
the third-party complaint more than 14 days after serving its
original answer.
(2) Third-Party Defendant's Claims and Defenses.
The person served with the summons and third-party complaint —
the “third-party defendant”:
(A) must assert any defense against the third party plaintiff's
claim under Rule 12;
(B) must assert any counterclaim against the third-party
plaintiff under Rule 13(a), and may assert any counterclaim
against the third-party plaintiff under Rule 13(b) or any
cross claim against another third-party defendant under Rule
13(g);
(C) may assert against the plaintiff any defense that the
third-party plaintiff has to the plaintiff's claim; and
(D) may also assert against the plaintiff any claim arising out
of the transaction or occurrence that is the subject matter of
the plaintiff's claim against the third-party plaintiff.
(3) Plaintiff's Claims Against a Third-Party Defendant.
The plaintiff may assert against the third-party defendant any
claim arising out of the transaction or occurrence that is the
subject matter of the plaintiff's claim against the third-party
plaintiff. The third-party defendant must then assert any
defense under Rule 12 and any counterclaim under Rule 13(a), and
may assert any counterclaim under Rule 13(b) or any cross claim
under Rule 13(g).
(4) Motion to Strike, Sever, or Try Separately.
Any party may move to strike the third-party claim, to sever it,
or to try it separately.
(5) Third-Party Defendant's Claim Against a Nonparty.
A third-party defendant may proceed under this rule against a
nonparty who is or may be liable to the third-party defendant
for all or part of any claim against it.
(6) Third-Party Complaint In Rem.
If it is within the admiralty or maritime jurisdiction, a
third party complaint may be in rem. In that event, a reference
in this rule to the “summons” includes the warrant of arrest,
and a reference to the defendant or third-party plaintiff
includes, when appropriate, a person who asserts a right under
Supplemental Rule C(6)(a)(i) in the property arrested.
(b) When a Plaintiff May Bring in a Third Party.
When a claim is asserted against a plaintiff, the plaintiff may
bring in a third party if this rule would allow a defendant to
do so.
(c) Admiralty or Maritime Claim.
(1) Scope of Impleader.
If a plaintiff asserts an admiralty or maritime claim under Rule
9(h), the defendant or a person who asserts a right under
Supplemental Rule C(6)(a)(i) may, as a third party plaintiff,
bring in a third-party defendant who may be wholly or partly
liable — either to the plaintiff or to the third-party plaintiff
— for remedy over, contribution, or otherwise on account of the
same transaction, occurrence, or series of transactions or
occurrences.
(2) Defending Against a Demand for Judgment for the Plaintiff.
The third-party plaintiff may demand judgment in the plaintiff's
favor against the third-party defendant. In that event, the
third-party defendant must defend under Rule 12 against the
plaintiff's claim as well as the third-party plaintiff's claim;
and the action proceeds as if the plaintiff had sued both the
third-party defendant and the third-party plaintiff.
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