Group III: Pleadings and Motions · Last amended March 1, 2013 · Last verified July 15, 2026
In one sentenceRule 8 sets the baseline pleading standard for North Dakota civil actions — a short and plain statement of a claim plus a demand for relief, specific admissions or denials in response, and a list of nineteen affirmative defenses a party must raise or risk losing.
(a)Claims for relief. A pleading that states a claim for relief - whether an original claim, a counterclaim, a crossclaim, or a third-party claim - must contain:
(1)a short and plain statement of the claim showing that the pleader is entitled to relief; and
(2)a demand for the relief sought, which may include relief in the alternative or different types of relief.
(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 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: -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: 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 two 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.
Explanatory Note
Rule 8 was amended, effective March 1, 1990; March 1, 2011; March 1, 2013. This rule is based on Fed.R.Civ.P. 8. Rule 8 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. Subdivisions (a), (b), and (e) were amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Plain-English Summary
Rule 8(a) asks little of a claim for relief: a short and plain statement showing the pleader is entitled to relief, plus a demand for the relief wanted, which can include alternative or inconsistent kinds of relief in the same pleading. Rule 8(b) then tells the responding party how to answer — state defenses in short, plain terms, and admit or deny each allegation so the denial meets its substance directly. A party can issue a good-faith general denial of everything, but a party who means to admit some allegations must instead deny specific ones or generally deny all but what it admits. Denying only part of an allegation requires admitting the true part and denying the rest, and a party who lacks enough knowledge to take a position on an allegation can say so — which counts as a denial. Silence is risky: except for the amount of damages, an allegation that calls for a response and gets none is treated as admitted.
Rule 8(c) lists nineteen affirmative defenses a responding party must raise affirmatively, including accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by a fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party mislabels a counterclaim as a defense, or a defense as a counterclaim, the court must treat it as correctly labeled when justice requires, and it can set conditions for doing so.
Rule 8(d) keeps pleadings simple and direct, with no required technical form, and it lets a party plead alternative or even inconsistent claims and defenses without penalty — the pleading survives if any one alternative would be sufficient on its own. Rule 8(e) closes the rule with a broad instruction: construe pleadings to do justice, rather than to trap a party on a technicality.
Frequently Asked Questions
What does a claim for relief have to include under Rule 8?
Rule 8(a) requires only a short and plain statement showing the pleader is entitled to relief, along with a demand for the relief sought, which may include alternative or different types of relief in the same pleading.
Can I deny only part of an allegation in the complaint?
Yes. Rule 8(b)(4) requires you to admit the part that is true and deny the rest when you intend in good faith to deny only part of an allegation.
What happens if I do not respond to one of the plaintiff's allegations?
Rule 8(b)(6) treats an allegation as admitted if a responsive pleading is required and the allegation is not denied, except for allegations about the amount of damages.
What affirmative defenses do I need to raise directly in my answer?
Rule 8(c)(1) lists nineteen, including accord and satisfaction, duress, estoppel, fraud, illegality, laches, release, res judicata, the statute of frauds, the statute of limitations, and waiver. A party who does not raise one of these affirmatively risks losing the ability to rely on it later.
Can I plead inconsistent claims or defenses in the same case?
Yes. Rule 8(d)(3) allows a party to state as many separate claims or defenses as it has, regardless of whether they are consistent with each other.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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