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R.I. Fam. Ct. R. Dom. Rel. P. 8

General Rules of Pleading

activein force · 2024-02-01 – presentact-effective-date

(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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R.I. Fam. Ct. R. Dom. Rel. P. 8 — General Rules of Pl… · binding.law