Rule text
(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 general. 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 limitations; 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 requires, treat the pleading as 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.