ME · rules
M.R. Civ. P. 8
GENERAL RULES OF PLEADING
(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 which the pleader
seeks. 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. 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 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.
(c) Affirmative Defenses. In pleading to a preceding pleading, a party
shall set forth affirmatively accord and satisfaction, arbitration and award,
assumption of risk, comparative fault, discharge in bankruptcy, duress,
estoppel, failure of consideration, fraud, illegality, immunity, injury by
co-employee, 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, 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. 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 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.
(g) Pleadings by Agreement. An action may be commenced and issue
joined therein, without the filing or service of a complaint and answer, by the
filing of a statement, signed and acknowledged by all the parties or signed by
their attorneys, specifying plainly and concisely the claims and defenses
between the parties and the relief requested. Signing constitutes a certificate
that the issues are genuine.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2384a3a741d83b68b9c0ae6665b010171bdaf27bccf2aa9723a78434b4e44da9
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