Idaho Civil Rule 8: General Rules of PleadingOnce a personal injury case has been filed, there are different general rules of pleading that can be made to the Court. Rule 8 governs these pleadings. There are different types of pleadings and the rule gives a description of what is required in each kind of pleading.

First, the rule describes the claim for relief. This is one of the most common types of pleadings. It is important to note that the rule requires that the claim for relief be written in a “short and plain statement”. This is meant to make it clear what the party wants from either the court or the other party. This leads to less confusion and helps prevent cases from becoming too large and complex.

Second, the rule describes the various defenses that a party can use against the opposing party’s claims. These include admissions, denials, and affirmative defenses. Admissions and denials are fairly easy to understand; however, an affirmative defense can be a bit more confusing. One of the easiest ways to understand an affirmative defense is by comparing it to a “yes, but…” type of statement. It is an admission that it is true but gives a reason that it should not be counted against the party.

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After an accident, you may feel overwhelmed with medical bills, lost wages, property damage costs and many other burdens. Contact an experienced personal injury lawyer from Brent Gordon Law Firm to handle your case. Let us help you deal with the insurance companies, medical bills, lost wages, and property damages resulting from an accident. We’ll fight to get you every penny you deserve. No attorney fees will be collected until we settle. Call now for a free consultation at (208) 552-0467.

Idaho Civil Rule 8: General Rules of Pleading

  1. Claim for relief. A pleading that states a claim for relief must contain:
    • A short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
    • A short and plain statement of the claim showing that the pleader is entitled to relief; and
    • A demand for the relief sought, which may include relief in the alternative or different types of relief.
  2. Defenses; Admissions and denials.
    • In general. In responding to a pleading, a party must:
      1. State in short and plain terms its defenses to each claim asserted against it; and
      2. Admit or deny the allegations asserted against it by an opposing party.
    • Denials; Responding to the substance. A denial must fairly respond to the substance of the allegation.
    • General and specific denials. A party that intends in good faith to deny all the allegations of a pleading, including the jurisdictional grounds, may do so by a general denial. A party that doe snot intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
    • 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.
    • 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.
    • 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.
  3. Affirmative defenses.
    • In general. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
      1. Accord and satisfaction;
      2. Arbitration and award;
      3. Assumption of risk;
      4. Contributory or comparative responsibility;
      5. Duress;
      6. Estoppel;
      7. Failure of consideration;
      8. Fraud
      9. Illegality;
      10. Injury by fellow servant;
      11. Laches;
      12. License;
      13. Payment;
      14. Release;
      15. Res judicata;
      16. Statute of frauds;
      17. Statute of limitations
      18. Waiver; and
      19. Discharge in bankruptcy.
    • 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.
  4. Pleadings to be concise and direct; Alternative statements; Inconsistency.
    • In general. Each allegation must be simple, concise, and direct. No technical form is required.
    • Alternative statements of a claim or defense. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in single count or defense o rin separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
    • Inconsistent claims or defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.
  5. Construing pleadings. Pleadings must be construed so as to do justice.

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