RI · rules
R.I. Fam. Ct. R. Dom. Rel. P. 8
General Rules of Pleading
(a) Claims for Relief. A pleading which sets
forth a claim for relief, whether an original claim, counterclaim, or cross-claim, shall
contain:
(1) A short and plain statement of the claim showing that the pleader is entitled
to relief;
(2) A demand for judgment for the relief the pleader seeks; and
(3) In actions for divorce, divorce from bed and board, and separate maintenance,
a statement as to whether any other actions seeking similar relief are pending
between the parties and, if so, an enumeration thereof.
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, except that an averment charging a party with
adultery does not require a response. 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 his
or her 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. Denial of the authenticity or validity of a signature
shall be by specific negative averment, and a general denial shall not put such
signature in issue.
(c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set
forth affirmatively accord and satisfaction, arbitration and award, discharge in
bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, 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 damages, 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 (2) or more statements of a claim or defense
alternately or hypothetically, either in one (1) count or defense or in separate counts
or defenses. When two (2) or more statements are made in the alternative and one
(1) 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 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 construed as to do
substantial justice.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
158658748da50624f245e16c626b080f36bdd799105232a50c425d73b087a05d
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