RULE 8

Manner of Making Allegations in Pleadings

Section 1. In general. Every pleading shall contain in a methodical and logical form, a plain,
concise and direct statement of the ultimate facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere evidentiary facts. (1)
If a defense relied on is based on law, the pertinent provisions thereof and their applicability to him
shall be clearly and concisely stated. (n)
Section 2. Alternative causes of action or defenses. A party may set forth two or more statements
of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in
separate causes of action 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. (2)
Section 3. Conditions precedent. In any pleading a general averment of the performance or
occurrence of all conditions precedent shall be sufficient. (3)
Section 4. Capacity. Facts showing the capacity of a party to sue or be sued or the authority of a
party to sue or be sued in a representative capacity or the legal existence of an organized association
of person that is made a party, must be averred. A party desiring to raise an issue as to the legal
existence of any party or the capacity of any party to sue or be sued in a representative capacity, shall
do so by specific denial, which shall include such supporting particulars as are peculiarly within the
pleader's knowledge. (4)
Section 5. Fraud, mistake, condition of the mind. In all averments of fraud or mistake the
circumstances constituting fraud or mistake must be stated with particularity. Malice, intent,
knowledge, or other condition of the mind of a person may be averred generally.(5a)
Section 6. Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or
quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without
setting forth matter showing jurisdiction to render it. (6)
Section 7. Action or defense based on document. Whenever an action or defense is based upon a
written instrument or document, the substance of such instrument or document shall be set forth in
the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which
shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the
pleading. (7)
Section 8. How to contest such documents. When an action or defense is founded upon a written
instrument, copied in or attached to the corresponding pleading as provided in the preceding section,
the genuineness and due execution of the instrument shall be deemed admitted unless the adverse
party, under oath specifically denies them, and sets forth what he claims to be the facts, but the
requirement of an oath does not apply when the adverse party does not appear to be a party to the
instrument or when compliance with an order for an inspection of the original instrument is refused.
(8a)
Section 9. Official document or act. In pleading an official document or official act, it is sufficient to
aver that the document was issued or the act done in compliance with law. (9)
Section 10. Specific denial. A defendant must specify each material allegation of fact the truth of
which he does not admit and, whenever practicable, shall set forth the substance of the matters upon

which he relies to support his denial. Where a defendant desires to deny only a part of an averment,
he shall specify so much of it as is true and material and shall deny only the remainder. Where a
defendant is without knowledge or information sufficient to form a belief as to the truth of a material
averment made to the complaint, he shall so state, and this shall have the effect of a denial. (10a)
Section 11. Allegations not specifically denied deemed admitted. Material averment in the
complaint, other than those as to the amount of unliuidated damages, shall be deemed admitted when
not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed
admitted if not denied under oath. (1a, R9)
Section 12. Striking out of pleading or matter contained therein. Upon motion made by a party
before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion
made by a party within twenty (20) days after the service of the pleading upon him, or upon the
court's own initiative at any time, the court may order any pleading to be stricken out or that any
sham or false, redundant, immaterial, impertinent, or scandalous matter be stricken out therefrom.