W.R.C.P.Ch.C. 8

(a) Claim for Relief. A pleading that states a claim for relief must contain:

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

jurisdiction, unless the chancery 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;

discharge in bankruptcy;

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 chancery court must, if

justice requires, treat the pleading as though it were correctly designated,

and may impose terms for doing so.

(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.