Rule 8.General Rules of Pleading

Part III. Pleadings and Motions · Last verified September 4, 2026

In one sentenceRule 8 sets the pleading standard — a short and plain statement of the claim and a demand for judgment — and lists the affirmative defenses a party must plead or lose.

Full Text of Rule 8

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

(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 to which he deems himself entitled. Relief in the alternative or of several different types may be demanded. (Identical to Mass.R.Civ.P. 8(a))

(b) Defenses: Form of Denials. A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he 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, he 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, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in Rule 11. The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation. (Identical to Mass.R.Civ.P. 8(b))

(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. (Identical to Mass.R.Civ.P. 8(c))

(d) Deleted.

(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 he has regardless of consistency and whether based on legal or equitable grounds. All statements shall be made subject to the obligations set forth in Rule 11. (Identical to Mass.R.Civ.P. 8(e))

(f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice. (Identical to Mass.R.Civ.P. 8(f))

End

Plain-English Summary

Rule 8 is the general pleading rule, and it is identical to its civil counterpart subsection by subsection. Subsection (d) is deleted.

Claims

A pleading stating a claim for relief — original claim, counterclaim, cross-claim or third-party claim — must contain a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief sought. Relief may be demanded in the alternative or in several different types, which in a domestic relations case is ordinary: divorce, support, custody and division of property in one complaint.

Denials

Subsection (b) requires defenses in short and plain terms and an admission or denial of each averment. A pleader without knowledge or information sufficient to form a belief says so, and that has the effect of a denial. Denials must fairly meet the substance of what is denied; a partial denial must specify what is true and material and deny only the rest. Two sentences at the end are Massachusetts specifics: a signature to an instrument set out in a pleading is taken as admitted unless specifically denied, and an allegation that a place is a public way is taken as admitted unless specifically denied.

Affirmative defenses

Subsection (c) lists them: accord and satisfaction, arbitration and award, assumption of risk, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, contributory negligence, injury by fellow servant, and any other matter constituting an avoidance or affirmative defense. The closing sentence is a safety valve: where a party has mislabeled a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice requires, treats the pleading as if it had been properly designated.

Form and construction

Subsection (e) requires each averment to be simple, concise and direct, requires no technical forms, and lets a party plead alternatively or hypothetically, in one count or several, regardless of consistency and whether the grounds are legal or equitable — all subject to Rule 11. Subsection (f) is the instruction to the court: all pleadings shall be so construed as to do substantial justice.

Frequently Asked Questions

What does a Massachusetts domestic relations complaint have to say?

Rule 8(a) requires a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims to be entitled. Relief may be sought in the alternative or in several different types.

What happens if I do not plead an affirmative defense?

Rule 8(c) requires a party pleading to a preceding pleading to set the listed defenses forth affirmatively. Where a party has mistakenly designated a defense as a counterclaim, or the reverse, the court on terms, if justice so requires, treats the pleading as if there had been a proper designation.

Can I say I do not know whether an allegation is true?

Yes. Rule 8(b) provides that a party without knowledge or information sufficient to form a belief as to the truth of an averment shall so state, and that this has the effect of a denial.

Can I plead inconsistent claims?

Rule 8(e)(2) allows a party to state two or more claims or defenses alternatively or hypothetically, in one count or in separate counts, and to state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds — subject to the obligations of Rule 11.

Source & verification. Rule text reproduced verbatim from the Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. · Official text

Also known as: general rules of pleadingshort and plain statementaffirmative defensesdenialsnotice pleading