Rule 8 - General Rules of Pleading(a) Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which the pleader deems the pleader entitled. Relief in the alternative or of several different types may be demanded. COMMENTS:
Changed to gender neutral language.
(b) Defenses; form of denials. Except in summary possession proceedings or where a defendant has been served by the publication of summons in a newspaper of general circulation, (1) a defendant may defend by filing an answer on the return day or within the time ordered by the court;(2) an appearance without written answer shall be deemed to constitute a general denial of the truth of the facts stated in the complaint; (3) whether or not the defendant has filed an answer, the court may order a written answer, governed by the following rules: (i) the pleader shall admit or deny the averments upon which the adverse party relies; (ii) if the pleader is without knowledge or information sufficient to form a belief as to the truth of an averment, the pleader shall so state and this has the effect of a denial; (iii) denials shall fairly meet the substance of the averments denied; (iv) 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; (v) unless the pleader intends in good faith to controvert all the averments of the pleading which the pleader has been ordered to answer, the pleader may make the pleader's 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. In summary possession proceedings or where a defendant has been served by the publication of summons in a newspaper of general circulation, a defendant may defend by filing an answer on the return day specified by Rule 12(a) or by making an appearance without written answer on the return day specified by Rule 12(a) which shall be deemed to constitute a general denial of the truth of the facts stated in the complaint.
COMMENTS:
The amended Rule 8(b) allows oral general denial in Summary Possession proceedings. The summary nature of such proceedings contemplates shorter time periods. The shorter return date of the old Rule 12(a) will be preserved in this revision. Given such a short return period, these rules must take into account the inability of the lay defendant in a Residential Landlord-Tenant matter to generate any kind of a written answer within five days of service. This committee has therefore retained the use of oral general denials in Summary Possession proceedings. Contemplates the adoption of HRCP Rule 11 as DCRCP Rule 11.
Changed to gender neutral language.
(c) Affirmative defenses. A general denial by the defendant of the claim made against that defendant shall be deemed to render available to the defendant any other matter constituting an avoidance or affirmative defense, unless a written answer has been ordered under Rule 8(b)(3). An answer so ordered shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, 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, if justice so requires, shall treat the pleading as if there had been a proper designation. COMMENTS:
No change except gender neutral language.
(d) Effect of failure to deny. Averments in a complaint or third-party complaint, other than those as to the amount of damage, are admitted when not denied in the answer or at the appearance on the return day: (1) in a summary possession proceeding; or (2) where a defendant has been served by the publication of summons. Averments in any other pleading shall be taken as denied or avoided unless a responsive pleading is permitted or ordered or provided for by statute or court rule, in which case averments (except those as to the amount of damage) are admitted when not denied.
COMMENTS:
No change except to account for summary possession cases and those with publication summons.
(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 or more statements of a claim or defense alternatively, either in one count or defense or in separate counts 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. A party may also state as many separate claims or defenses as the party has regardless of consistency. All statements shall be made subject to the obligations set forth in Rule 11. COMMENTS:
Adopts HRCP Rule 8(e), but deletes the word "hypothetical" because it seems to oppose notions of a "good faith" pleading. Also, words referring to equity jurisdiction were deleted due to their specialized correspondence to District Court.
(f) Construction of pleadings. All pleadings shall be construed so as to do substantial justice. Haw. Dis. Ct. R. Civ. P. 8