Rule 8.General Rules of Pleading

Last amended December 1, 2010 · Last verified June 30, 2026

In one sentenceRule 8 sets the federal pleading standard: a claim needs a short and plain statement showing the pleader is entitled to relief, responses must admit or deny and raise any affirmative defenses, and parties may plead in the alternative or inconsistently.

Full Text of Rule 8

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Claim 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.

(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;

• 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.

End

Amendment History

(Amended February 28, 1966, effective July 1, 1966; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007; April 28, 2010, effective December 1, 2010.)

Plain-English Summary

Rule 8 is the heart of federal pleading. A claim for relief needs three things: a short and plain statement of the grounds for the court’s jurisdiction, a short and plain statement of the claim showing the pleader is entitled to relief, and a demand for the relief sought. This is the “notice pleading” standard that the rest of the rules build on.

On the response side, a party must admit or deny each allegation; an allegation other than the amount of damages is admitted if a required response fails to deny it. A responding party must affirmatively state any affirmative defense — such as release, statute of limitations, or waiver. The rule also permits pleading in the alternative and stating as many separate claims or defenses as a party has, even if inconsistent, and directs that pleadings be construed so as to do justice.

Frequently Asked Questions

What is the federal pleading standard?

Under Rule 8(a), a claim must contain a short and plain statement of the grounds for jurisdiction, a short and plain statement of the claim showing entitlement to relief, and a demand for relief.

What happens if you fail to deny an allegation?

An allegation — other than one about the amount of damages — is admitted if a responsive pleading is required and the allegation is not denied (Rule 8(b)(6)).

Do affirmative defenses have to be pleaded?

Yes. Rule 8(c) requires a party to affirmatively state any avoidance or affirmative defense in responding to a pleading, or risk waiving it.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 8), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 8Fed. R. Civ. P. 8general rules of pleadingshort and plain statementnotice pleadingaffirmative defenses