(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 the pleader seeks. Relief in the alternative or of several different types may be demanded.
Rule 8.General Rules of Pleading.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 8 tells parties how to plead claims and defenses in short, plain terms, lists the affirmative defenses that must be raised or lost, and says every pleading should be read to do substantial justice.
Full Text of Rule 8
(b) Defenses; form of denials. A party shall state in short and plain terms defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party 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, the pleader 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, the pleader may make denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all its averments, the pleader 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 alternatively 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 the party 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.
Amendment History
Amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Rule 8 sets the basic standard for pleading a claim or a defense: short, plain statements rather than technical formality. A claim for relief needs a short and plain statement showing the pleader is entitled to relief and a demand for the judgment sought, and a party responding must admit or deny the averments made against it, stating plainly when it lacks enough knowledge to do either, which itself functions as a denial.
The rule then lists the affirmative defenses a party must raise in response to a pleading or risk losing — among them accord and satisfaction, statute of limitations, fraud, waiver, and res judicata — and explains what happens when a party fails to deny an averment that required a response (it is admitted) or does not need to respond at all (it is treated as denied). It permits alternative or even inconsistent claims and defenses, and it directs that every pleading be read to do substantial justice rather than be picked apart on technicalities.
Frequently Asked Questions
What must a claim for relief contain under Rule 8?
A short and plain statement showing the pleader is entitled to relief, plus a demand for the judgment or other relief sought.
What affirmative defenses must a party raise in its pleading or risk losing them?
Rule 8(c) lists defenses including accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, fraud, illegality, laches, payment, release, res judicata, statute of frauds, statute of limitations, and waiver, among others.
What happens if a party doesn't deny an allegation that requires a response?
Under Rule 8(d), an averment in a pleading that calls for a response is treated as admitted if it is not denied in the responsive pleading.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 8). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: short and plain statementaffirmative defenses listgeneral pleading requirementseffect of failure to deny