Rule 8.General Rules of Pleading
Group III: Pleadings and Motions · Last amended 2022 · Last verified July 14, 2026
Full Text of Rule 8
Comments
This rule has been amended to highlight the pleading requirements included in emergency, temporary, and permanent legislation amending D.C. Code § 28-3814.
This rule is identical to Federal Rule of Civil Procedure 8, as amended in 2007 and 2010. In addition to stylistic changes, "discharge in bankruptcy" is deleted from the list of affirmative defenses. As explained in the Advisory Committee Notes to the 2010 federal amendment:
Under 11 U.S.C. § 524 (a)(1) and (2), a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt. For these reasons it is confusing to describe discharge as an affirmative defense. But § 524 (a) applies only to a claim that was actually discharged. Several categories of debt set out in 11 U.S.C. § 523 (a) are excepted from discharge. The issue whether a claim was excepted from discharge may be determined either in the court that entered the discharge or—in most instances—in another court with jurisdiction over the creditor's claim.
Identical to Federal Rule of Civil Procedure 8.
Plain-English Summary
Rule 8(a) tells a pleader what a claim for relief needs: a short and plain statement of the grounds for the court's jurisdiction (unless the court already has it and the claim needs no new support), a short and plain statement of the claim showing entitlement to relief, and a demand for the relief sought, which may include alternative or multiple types of relief. When a debt collector sues to collect a consumer debt as defined in D.C. Code § 28-3814, the complaint must also include the specific information that statute requires.
Rule 8(b) governs how a party responds. It must state its defenses in short, plain terms and admit or deny each allegation, and a denial must directly respond to the substance of what is alleged. A party that in good faith intends to deny everything, including the jurisdictional grounds, may use a general denial; otherwise it must specifically deny designated allegations or generally deny everything except what it specifically admits. If only part of an allegation is true, the party must admit that part and deny the rest, and a party lacking enough knowledge or information to agree or disagree must say so — which counts as a denial. An allegation that is not denied is treated as admitted if a response was required, with one carve-out: an allegation about the amount of damages is never deemed admitted just because it went unanswered.
Rule 8(c) lists 18 affirmative defenses a responding party must raise on its own — accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, 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. If a party mistakenly labels a defense as a counterclaim, or the reverse, the court must treat the pleading as though it were correctly labeled when justice requires, and it may impose conditions for doing so. Rounding out the rule, Rule 8(d) requires each allegation to be simple, concise, and direct, allows alternative or even inconsistent claims and defenses to be pleaded in the same case, and Rule 8(e) instructs that pleadings be construed to do justice rather than picked apart on technicalities.
Frequently Asked Questions
What does a complaint have to include under Rule 8?
Rule 8(a) requires a short and plain statement of the grounds for the court's jurisdiction (unless jurisdiction is already established), a short and plain statement of the claim showing entitlement to relief, and a demand for the relief sought, which can include alternative or several types of relief.
Can I just deny everything in the complaint without addressing specific allegations?
Only if you intend in good faith to deny all of it, including the jurisdictional grounds — Rule 8(b)(3) allows a general denial in that situation. Otherwise you must specifically deny designated allegations or generally deny everything except what you specifically admit.
What happens if I don't respond to one of the plaintiff's factual allegations?
Rule 8(b)(6) treats an allegation as admitted if a response was required and you did not deny it, with one exception: an allegation about the amount of damages is never treated as admitted just because you failed to respond to it.
Do I lose an affirmative defense like the statute of limitations if I don't raise it in my answer?
Rule 8(c) requires affirmatively stating defenses including the statute of limitations, along with 17 others such as waiver, estoppel, and res judicata, when responding to a pleading. The rule requires you to raise these defenses affirmatively rather than assuming the court will infer them.
Can I plead inconsistent claims or defenses in the same case?
Yes. Rule 8(d)(3) allows a party to state as many separate claims or defenses as it has, regardless of whether they are consistent with one another.