(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 claims entitlement. Relief in the alternative or of several different types may be demanded.(b) Answers; when required. — An answer shall be required in all civil actions except that, Rule 12 notwithstanding, an answer shall not be required to those petitions in which child support, parentage, or protection from abuse is the sole issue. The requirement to file an answer in any other civil action may otherwise be waived by the judge or commissioner.(c) Defenses; form of denials. A party shall state in short and plain terms the defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truths of an averment, the party shall so state and this has the effect of a denial. When a pleader intends in good faith to deny only a part or a qualification of an averment, the party 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, the party may make the denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as expressly admitted; but, when the party does so intend to controvert all its averments, the party may do so by general denial subject to the obligations set forth in Rule 11. (d) Affirmative defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, 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.(e) Effect of failure to deny.– Averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be presumed denied.(f) Allegations admitted unless denied by affidavit. The existence of a corporation or of a partnership and the signatures on an instrument upon which an action is brought and a copy of which is filed with the complaint in conformity with the statute shall in all cases be taken to be admitted unless the same is or are denied by affidavit, served with the answer as provided by statute.(g) 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 2 or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When 2 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 multiple separate claims or defenses regardless of consistency. All statements shall be made subject to the obligations set forth in Rule 11.(h) Construction of pleadings. All pleadings shall be so construed as to do substantial justice.
Del. Fam. Ct. R. Civ. P. 8
Amended July 18, 2018, effective December 1, 2018.
