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M.R. Civ. P. 8

GENERAL RULES OF PLEADING

activein force · 2026-06-01 – presentact-effective-date

(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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M.R. Civ. P. 8 — GENERAL RULES OF PLEADING · binding.law