RulesofCivilProcedure.com Civil Procedure · Every State

Rule 8.General Rules of Pleading.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 8 sets what a claim for relief must contain, how denials must be written, which defenses have to be raised affirmatively, and what happens when an allegation goes undenied.

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, or cross-claim, shall contain:
(1) A short and plain statement of the claim showing that the pleader is entitled to relief;
(2) A demand for judgment for the relief the pleader seeks; and
(3) In actions for divorce, divorce from bed and board, and separate maintenance, a statement as to whether any other actions seeking similar relief are pending between the parties and, if so, an enumeration thereof.
Relief in the alternative or of several different types may be demanded.
(b) Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies, except that an averment charging a party with adultery does not require a response. If the 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 his or her denials as specific denials of designated averments or paragraphs, or the pleader 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. Denial of the authenticity or validity of a signature shall be by specific negative averment, and a general denial shall not put such signature in issue.
(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, 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 damages, 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 (2) or more statements of a claim or defense alternately or hypothetically, either in one (1) count or defense or in separate counts or defenses. When two (2) or more statements are made in the alternative and one (1) 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 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 construed as to do substantial justice.
End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

A pleading that states a claim — original, counterclaim or cross-claim — needs a short and plain statement showing the pleader is entitled to relief and a demand for the relief sought. Subdivision (a)(3) adds something ordinary civil practice does not: in divorce, divorce from bed and board and separate maintenance, the pleading must say whether other actions seeking similar relief are pending between the parties, and list them if there are any. Relief may be demanded in the alternative or in several different forms.

Subdivision (b) governs the answer. A party states defenses in short and plain terms and admits or denies each allegation the other side relies on, with one carve-out that surprises people: an allegation charging a party with adultery does not require a response. If you lack knowledge or information enough to form a belief about an allegation, you say so, and that counts as a denial. Denials must meet the substance of what they deny; a party who means to contest only part of an allegation admits the part that is true and material and denies the rest. A general denial is available to a pleader who in good faith means to contest everything, subject to Rule 11. Denying the authenticity or validity of a signature takes a specific negative averment.

Subdivision (c) lists the defenses that die unless pleaded affirmatively, among them accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res judicata, statute of frauds, statute of limitations and waiver, plus any other matter of avoidance. If a party labels a defense a counterclaim or a counterclaim a defense, the court treats it as the right one when justice requires. Subdivision (d) supplies the penalty for silence: where a responsive pleading is required, allegations other than the amount of damages are admitted when not denied.

The last two subdivisions ask for plain drafting. Each allegation should be simple, concise and direct, and no technical form is required. A party may plead alternately or hypothetically and may state as many claims or defenses as it has, whether or not they sit together, so long as Rule 11 is satisfied. All pleadings are construed to do substantial justice.

Frequently Asked Questions

Do I have to respond to an adultery allegation in a Rhode Island divorce answer?

Rule 8(b) says an allegation charging a party with adultery does not require a response. Every other allegation the other side relies on still has to be admitted or denied.

What happens if I ignore an allegation in the complaint?

Under Rule 8(d), allegations in a pleading that calls for a responsive pleading are admitted when the response does not deny them, except allegations about the amount of damages. Where no responsive pleading is required or permitted, the allegations are taken as denied or avoided without anyone filing anything.

Do I have to tell the court about other cases between me and my spouse?

Yes. Rule 8(a)(3) requires a pleading in a divorce, divorce from bed and board or separate maintenance action to state whether any other actions seeking similar relief are pending between the parties, and to enumerate them if there are.

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

Rule 8(b) lets a party state that it is without knowledge or information sufficient to form a belief about the truth of the allegation. That statement has the effect of a denial.

Can I plead two defenses that contradict each other?

Rule 8(e)(2) allows a party to state claims or defenses alternately or hypothetically and to state as many as the party has, regardless of consistency and whether legal or equitable. Every one of those statements is still subject to the certification obligations of Rule 11.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 8). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source
Also known as: how to answer a divorce complaint rhode islanddenying allegations in a divorce answer rhode islandaffirmative defenses rhode island family courtdo i have to answer an adultery allegationwhat to admit or deny in a divorce answerrhode island family court pleading requirements