Rule 8 - [Effective 1/1/2025] General rules of pleading(a)Claims for relief. A pleading that states a claim for relief shall contain: (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and(2) a demand for the relief sought, which may include relief in the alternative or different types of relief.(3) Every such pleading shall be accompanied by a completed civil case information statement in the form prescribed by the Supreme Court of Appeals of West Virginia.(b)Defenses admissions and denials.(1)In general. In responding to a pleading, a party shall: (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 shall 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 may do so by a general denial. A party that does not intend to deny all the allegations shall 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 shall 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 shall 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 responding to a pleading, a party shall affirmatively state any avoidance or affirmative defense, including: 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 limitation; and waiver. (2)Mistaken designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court shall, if justice so requires, treat the pleading as e though it was correctly designated, and may impose terms for doing so.(d)Pleading to be concise and direct; alternative statements; inconsistency.(1)In general. Each allegation shall 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 shall be construed so as to do justice.Amended effective 1/1/2025.