Ohio Civ.R. 8

(A) Claims for relief

A pleading that 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 party is entitled to relief, and (2) a demand for judgmen t for the relief to

which the party claims to be entitled. If the party seeks more than twenty-five thousand

dollars, the party shall so state in the pleading but shall not specify in the demand for

judgment the amount of recovery sought, unless the claim is based upon an instrument

required to be attached pursuant to Civ.R. 10. At any time after the pleading is filed and

served, any party from whom monetary recovery is sought may request in writing that the

party seeking recovery provide the requesting party a written statement of the amount of

recovery sought. Upon motion, the court shall require the party to respond to the request.

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 effe ct 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 of a qualification of an averment, the pleader shall specify so much of it as is true and

material and shall deny the remainder. Unless the pleader intends in good faith to

controvert all the averments of the preceding pleading, the pleader may make the den ials

as specific denials or designated averments or paragraphs, or the pleader may generally

deny all the averments except the designated averments or paragraphs as the pleader

expressly admits; but, when the pleader does intend to controvert all its averm ents,

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 Civ.R. 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 negligence, discharge

in bankruptcy, duress, estoppel, failure of consideration, want of considerati on for a

negotiable instrument, 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, 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 alternately 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 he has regardless of consistency and whether

based on legal or e quitable grounds. 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 shall not be read or submitted

Pleadings shall not be read or submitted to the jury, except insofar as a pleading or portion

thereof is used in evidence.

(H) Disclosure of minority or incompetency

Every pleading or motion made by or on behalf of a minor or an incompetent shall set forth

such fact unless the fact of minority or incompetency has been disclosed in a prior pleading

or motion in the same action or proceeding.