Rule 209.General Rules of Pleading

Part II. Pleadings · Last amended July 1, 2021 · Last verified September 4, 2026

In one sentenceRule 209 sets the pleading standard — a short and plain statement of the claim — and lists nineteen affirmative defenses, with a carve-out that unanswered divorce allegations are not admitted.

Full Text of Rule 209

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

(a) Claims for Relief. A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds upon which 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;

(B) admit or deny the allegations asserted against it by the 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 of 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 the 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 except those necessary to sustain an action for divorce. 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:

(A) accord and satisfaction;

(B) arbitration and award;

(D) contributory or comparative responsibility;

(E) duress;

(F) estoppel;

(G) failure of consideration;

(H) fraud;

(I) illegality;

(J) injury by fellow servant;

(K) laches;

(L) license;

(M) payment;

(N) release;

(O) res judicata;

(P) statute of frauds;

(Q) statute of limitations;

(R) waiver; and;

(S) discharge in bankruptcy.

(2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice so requires, treat the pleading as though it were correctly designated and may impose terms for doing so.

(d) Pleadings 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 Claims or Defense. A party may set forth 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. Pleading must be construed as to do justice.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021.)

Plain-English Summary

Rule 209 is Idaho's notice-pleading rule for family law.

Stating a claim

Three elements: a short and plain statement of the grounds for jurisdiction — unless the court already has it and the claim needs no new jurisdictional support — a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for relief, which may be in the alternative or of different types.

Answering

A responding party states its defenses in short and plain terms and admits or denies the allegations. A denial must fairly respond to the substance. A party denying everything in good faith, jurisdiction included, may use a general denial; otherwise it must specifically deny designated allegations or generally deny all except those specifically admitted. Denying only part requires admitting the part that is true. Lacking knowledge or information must be stated, and that statement has the effect of a denial.

The divorce carve-out

Subsection (b)(6) contains a provision worth knowing. An allegation other than one about the amount of damages is admitted if a responsive pleading is required and it is not denied — except those necessary to sustain an action for divorce. Where no responsive pleading is required, allegations are considered denied or avoided.

So silence admits ordinary allegations, but the grounds for the divorce itself must still be proved. A divorce is not obtained by default in the way a debt is.

Affirmative defenses

A responding party must affirmatively state any avoidance or affirmative defense, and the rule lists nineteen: accord and satisfaction, arbitration and award, assumption of risk, contributory or comparative responsibility, 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 discharge in bankruptcy.

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 correctly designated — and may impose terms for doing so.

Style

Each allegation must be simple, concise, and direct, and no technical form is required. A party may plead alternatively or hypothetically, in one count or several, and the pleading is sufficient if any one alternative is. A party may state as many separate claims or defenses as it has, regardless of consistency. And pleadings must be construed as to do justice.

Frequently Asked Questions

How much detail does a petition need?

Rule 209(a) requires 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 the relief sought.

If I do not deny something, have I admitted it?

Usually yes, with one exception. Rule 209(b)(6) admits an allegation not denied where a responsive pleading is required, except those necessary to sustain an action for divorce.

What if I do not know whether an allegation is true?

Rule 209(b)(5) requires a party lacking knowledge or information sufficient to form a belief to say so, and that statement has the effect of a denial.

What affirmative defenses must be pleaded?

Rule 209(c)(1) lists nineteen, including accord and satisfaction, duress, estoppel, fraud, laches, payment, release, res judicata, statute of frauds, statute of limitations, waiver and discharge in bankruptcy.

What if I label a counterclaim as a defense by mistake?

Rule 209(c)(2) requires the court, if justice so requires, to treat the pleading as though it were correctly designated, and allows the court to impose terms for doing so.

Can I plead inconsistent claims?

Yes. Rule 209(d)(3) allows a party to state as many separate claims or defenses as it has, regardless of consistency.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: general rules of pleadingnotice pleadingdenialsgeneral denialaffirmative defensesalternative pleadingdivorce allegationsshort and plain statement