Rule 8: Pleading Rules

• Rule 8 outlines the manner of making allegations in pleadings.

General Pleading Requirements

• Pleadings must be methodical and logical in form.
• They should contain a plain, concise, and direct statement of ultimate facts.
• Only ultimate facts upon which the party relies for their claim or defense should be included.
• Evidentiary facts should be omitted.
• If a defense is based on law, the pertinent provisions and their applicability must be clearly stated.

Alternative Causes of Action or Defenses

• A party can set forth two or more statements of a claim or defense alternatively or hypothetically.
• This can be done in one cause of action or defense, or in separate causes of action or defenses.
• If one alternative statement is sufficient on its own, the pleading is not insufficient due to the inadequacy of other alternative statements.

Conditions Precedent

• A general statement that all conditions precedent have been performed or have occurred is sufficient.

Capacity

• Facts showing a party's capacity to sue or be sued must be stated.
• The authority of a party to sue or be sued in a representative capacity must be shown.
• The legal existence of an organized association of persons that is a party, must be stated.
• Issues regarding the legal existence or capacity of a party to sue or be sued in a representative capacity require specific denial.
• Specific denial must include supporting particulars within the pleader's knowledge.

Fraud, Mistake, Condition of Mind

• Averments of fraud or mistake must state the circumstances constituting the fraud or mistake with particularity.
• Malice, intent, knowledge, or other conditions of the mind can be averred generally.

Judgement

• When pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision.
• It is not necessary to show jurisdiction to render the judgment.

Actions or Defenses Based on Documents

• If an action or defense is based on a written instrument or document, the substance of the instrument must be set forth in the pleading.
• The original or a copy of the document should be attached as an exhibit, making it part of the pleading.
• Instead of attaching, a copy may be set forth in the pleading.

Contesting Documents

• When an action or defense is founded on a written instrument that is copied in or attached to the pleading, the genuineness and due execution of the instrument are admitted.
• Unless, the adverse party specifically denies them under oath, stating the facts they claim.
• The oath requirement is waived if the adverse party is not a party to the instrument.
• The oath requirement is waived when compliance with an order for inspection of the original instrument is refused.

Official Document or Act

• When pleading an official document or act, it is sufficient to state that the document was issued or the act was done in compliance with the law.

Specific Denial

• A defendant must specify each material allegation of fact that they do not admit.
• The defendant should set forth the substance of the matter upon which they rely to support the denial, whenever practical.
• If denying only part of an averment, the defendant must specify the true and material parts, denying only the remainder.
• If the defendant lacks knowledge or information to form a belief about the truth of a material averment, they should state this, which acts as a denial.

Admissions by Negative Pregnant

• Material averments in the complaint, except for the amount of unliquidated damages, are deemed admitted if not specifically denied.
• Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath.

Striking Out Pleadings

• Upon motion by a party before responding to a pleading, or within 20 days after service if no responsive pleading is required, or upon the court's initiative, the court may order a pleading to be stricken out.
• This includes striking out sham, false, redundant, immaterial, impertinent, or scandalous matter.