Rule 8.General Rules of Pleading

Part III: Pleadings and Motions · Last amended 1966 · Last verified July 16, 2026

In one sentenceRule 15-6-8 sets the baseline content requirements for every pleading in South Dakota — a short and plain statement of the claim and a demand for relief, admissions or denials of the opposing party’s averments, affirmative defenses that must be pleaded specifically, and a directive that pleadings be construed to do substantial justice.

Full Text of Rule 15-6-8

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

(a) Claim 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 he deems himself entitled. Relief in the alternative or of several different types may be demanded.

(b) Defenses — Denials. A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in § 15-6-11.

(c) Affirmative defenses. In pleading to a preceding pleading, a party 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 on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

(d) Failure to deny averment. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

(e) Simple, concise, and direct pleadings — Consistency unnecessary.

(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 or hypothetically, 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 he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in § 15-6-11.

(f) Construing pleadings. All pleadings shall be so construed as to do substantial justice.

End

Plain-English Summary

Rule 15-6-8 fixes what has to be in a pleading, whatever form it takes. Subdivision (a) requires a claim for relief — original, counterclaim, cross-claim, or third-party claim — to contain a short and plain statement showing the pleader is entitled to relief and a demand for the judgment sought, which can include alternative or multiple types of relief. Subdivision (b) governs the answering side: a party must admit or deny the averments relied on by the opponent, and a lack of knowledge sufficient to form a belief, if stated, operates as a denial. A pleader who intends to admit part of an averment and deny the rest must say specifically which part is denied, rather than denying the whole thing.

Subdivision (c) lists affirmative defenses that must be pleaded, not just implied by a general denial — things like accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, fraud, laches, release, res judicata, the statute of frauds, the statute of limitations, and waiver, among others. If a party mislabels a defense as a counterclaim or the reverse, the court will treat the pleading according to its substance rather than its label, when justice requires it. Subdivision (d) addresses silence: averments in a pleading requiring a response are deemed admitted if not denied, except averments about the amount of damage, while averments in a pleading that permits no response are treated as denied or avoided.

The final two subdivisions set the tone for everything else in the rule. Subdivision (e) requires each averment to be simple, concise, and direct, rejects any requirement of technical pleading forms, and allows a party to plead alternative or even inconsistent claims and defenses without weakening either one. Subdivision (f) instructs that pleadings be construed to do substantial justice — a directive against reading pleadings narrowly or technically in a way that would defeat a case on the papers rather than the merits.

Frequently Asked Questions

What does a South Dakota complaint have to contain?

Rule 15-6-8(a) requires a short and plain statement of the claim showing the pleader is entitled to relief, plus a demand for the judgment sought, which can include alternative or multiple forms of relief.

What happens if I don’t specifically deny something in the opposing party’s pleading?

Rule 15-6-8(d) treats an averment in a pleading requiring a response as admitted if it is not denied, except for averments about the amount of damage, which are not deemed admitted by silence.

What are examples of defenses I have to raise affirmatively in my answer?

Rule 15-6-8(c) lists examples including accord and satisfaction, contributory negligence, discharge in bankruptcy, duress, estoppel, fraud, release, res judicata, the statute of frauds, the statute of limitations, and waiver, among other matters constituting an avoidance or affirmative defense.

Can I plead inconsistent claims or defenses in the same case?

Yes. Rule 15-6-8(e)(2) allows a party to state as many separate claims or defenses as they have, regardless of consistency and regardless of whether they rest on legal or equitable grounds.

What if I mistakenly label a counterclaim as a defense?

Rule 15-6-8(c) lets the court treat the pleading as if it had been properly designated, on terms, when justice requires it, rather than penalizing the mislabeling itself.

Amendment History

(a)SDC 1939 & Supp 1960, § 33.0903; SD RCP, Rule 8 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(b)SDC 1939 & Supp 1960, § 33.0904; SD RCP, Rule 8 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(c)SDC 1939 & Supp 1960, § 33.0905; SD RCP, Rule 8 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(d)SDC 1939 & Supp 1960, § 33.0906; SD RCP, Rule 8 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(e)SDC 1939 & Supp 1960, § 33.0908; SD RCP, Rule 8 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

(f)SDC 1939 & Supp 1960, § 33.0915; SD RCP, Rule 8 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

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