W.R.C.P. 8

(a) Claims for Relief. — A pleading that states a claim for relief must

contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction,

unless the court already has jurisdiction and the claim needs no new

jurisdictional support;

(2) a short and plain statement of the claim showing that the pleader is

entitled to relief; and

(3) a demand for the relief sought, which may include relief in the

alternative or different types of relief.

(b) Defenses; Admissions and Denials. —

(1) In General. — In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted

against it; and

(B) admit or deny the allegations asserted against it by an opposing

party.

(2) Denials — Responding to the Substance. — A denial must fairly

respond to the substance of the allegation.

(3) General and Specific Denials. — A party that intends in good faith to

deny all the allegations of a pleading — including the jurisdictional grounds

— may do so by a general denial subject to the obligations set forth in Rule

11. A party that does not intend to deny all the allegations must either

specifically deny designated allegations or generally deny all except those

specifically admitted.

(4) Denying Part of an Allegation. — A party that intends in good faith to

deny only part of an allegation must admit the part that is true and deny the

rest.

(5) Lacking Knowledge or Information. — A party that lacks knowledge or

information sufficient to form a belief about the truth of an allegation must

so state, and the statement has the effect of a denial.

(6) Effect of Failing to Deny. — An allegation — other than one relating to

the amount of damages — is admitted if a responsive pleading is required

and the allegation is not denied. If a responsive pleading is not required, an

allegation is considered denied or avoided.

(c) Affirmative Defenses. —

(1) In General. — In responding to a pleading, a party must affirmatively

state any avoidance or affirmative defense, including:

accord and satisfaction;

arbitration and award;

assumption of risk;

contributory negligence;

duress;

estoppel;

failure of consideration;

fraud;

illegality;

injury by fellow servant;

laches;

license;

payment;

release;

res judicata;

statute of frauds;

statute of limitations; and

waiver.

(2) Mistaken Designation. — If a party mistakenly designates a defense

as a counterclaim, or a counterclaim as a defense, the court must, if justice

requires, treat the pleading as though it were correctly designated, and may

impose terms for doing so.

discharge in bankruptcy;

(d) Pleading to be Concise and Direct; Alternative Statements; Inconsistency.

—

(1) In General. — Each allegation must be simple, concise, and direct. No

technical form is required.

(2) Alternative Statements of a Claim or Defense. — A party may set out

two or more statements of a claim or defense alternatively or hypothetically,

either in a single count or defense or in separate ones. If a party makes

alternative statements, the pleading is sufficient if any one of them is

sufficient.

(3) Inconsistent Claims or Defenses. — A party may state as many

separate claims or defenses as it has, regardless of consistency.

(e) Construing Pleadings. — Pleadings must be construed so as to do justice.