§ Rule 8 General rules of pleading

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Rule 8. General rules of pleading

    (a)(1) General Rules of Pleading--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) if the court be of limited jurisdiction, a short and plain statement of the grounds upon which the court's jurisdiction depends, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) 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.

        (2) Transfer. In an action brought in the magistrate division of the district court, in the event the claim, counterclaim, cross-claim or third-party claim tendered for filing is in excess of the jurisdictional amount or otherwise beyond the jurisdiction of said court, upon the payment of any fees required by statute, or rule, the action shall be transferred to the district court of the county in which pending to be there considered and tried as if the same had been there originally filed.

    (b) Defenses--Form of Denials. A party shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a 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 denials as specific denials of designated averments or paragraphs, or 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, including averments of the grounds upon which the
court's jurisdiction depends, the pleader may do so by general denial subject to the obligations set forth in Rule 11.

    (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 or comparative 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.

    (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 damage, are admitted when not denied in the responsive pleading, except those necessary to sustain an action for divorce. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

    (e)(1) Pleading to Be Concise and Direct--Consistency. Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.

        (2) Two or More Statements of Claim or Defense Permissible. 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 the party 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.

    (f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.