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Rule 8.05.Pleading to be concise and direct -- Consistency.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 8.05 requires every averment to be simple, concise, and direct without technical forms, and allows a party to plead alternative or hypothetical, even inconsistent, statements of a claim or defense in one count or several, all subject to Rule 11's obligations.

Full Text of Rule 8.05

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(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required.
(2) A party may set forth two or more statements of a claim or defense alternately 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 he 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.

Amendment History

The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.

Plain-English Summary

Rule 8.05 keeps pleadings short and free of formality. Every averment should be simple, concise, and direct, and no particular form of words or motion is needed to raise a claim or defense.

The rule also lets a party plead in the alternative. A claim or defense can be stated more than one way, in the same count or in separate counts, even if the versions contradict each other. If one alternative would be sufficient on its own, the pleading survives even though another alternative might fail. A party can raise as many separate claims or defenses as the facts allow, whether they rest on law or equity or both, without worrying about consistency between them -- though every statement remains subject to the certification obligations of Rule 11.

Frequently Asked Questions

Can I plead two different, contradictory versions of my claim?

Yes. Rule 8.05 allows a party to set forth two or more statements of a claim or defense alternately or hypothetically, and the pleading holds up as long as one alternative would be sufficient on its own.

Do I need special legal language to plead a claim in Kentucky?

No. Rule 8.05 requires only that each averment be simple, concise, and direct, and it does not require any technical form of pleading or motion.

Can I raise claims that don't fit together logically?

Yes. Rule 8.05 allows a party to state as many separate claims or defenses as it has, on legal or equitable grounds or both, regardless of consistency.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 8.05). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: pleading in the alternative kentuckyinconsistent claims and defensesdo pleadings need technical languageconcise pleading rule kentucky civil procedure