Rule 8.General Rules of Pleading

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 8 sets Montana’s basic pleading standard — a claim needs only a short and plain statement showing entitlement to relief — and governs how a responding party admits, denies, and raises affirmative defenses.

Full Text of Rule 8

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Claim for Relief. A pleading which states a claim for relief must 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.

(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 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. 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.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense including, but not limited to:

• accord and satisfaction;

• action on advice of counsel;

• arbitration and award;

• assumption of risk;

• comparative 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 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 2 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.

End

Plain-English Summary

Rule 8 is the engine of “notice pleading.” A complaint does not need to lay out every fact or legal theory; it needs a short and plain statement of the claim showing the pleader is entitled to relief, plus a demand for the relief sought. The goal is to give the other side fair notice, not to win the case on the page.

Responding. A party answering a pleading must admit or deny each allegation, and a denial must fairly meet the substance of what is alleged. A party who lacks enough information to admit or deny says so, and that counts as a denial. Crucially, an allegation that calls for a response and is not denied is treated as admitted — except allegations about the amount of damages.

Affirmative defenses. Some defenses are waived unless raised affirmatively in the answer. Rule 8(c) lists them — including statute of limitations, release, waiver, res judicata, accord and satisfaction, and others. Mislabeling a defense as a counterclaim (or vice versa) is forgiven when justice requires.

Finally, pleadings may be simple, alternative, and even inconsistent — a party may plead as many claims or defenses as it has — and they are construed “so as to do justice.”

Frequently Asked Questions

How detailed does a complaint have to be in Montana?

Only a “short and plain statement” of the claim showing entitlement to relief. This is notice pleading — you need not allege every fact or legal theory.

What happens if I fail to deny an allegation?

If a responsive pleading is required and you do not deny an allegation, it is treated as admitted — with the exception of allegations about the amount of damages.

What are affirmative defenses?

Defenses you must raise affirmatively in your answer or risk waiving — such as statute of limitations, release, waiver, res judicata, estoppel, and the others listed in Rule 8(c).

Can I plead inconsistent or alternative claims?

Yes. You may state as many separate claims or defenses as you have, regardless of consistency, and may plead in the alternative.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: notice pleadinggeneral pleadingaffirmative defensesadmissions and denialsshort and plain statement