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Nevada Rules of Civil Procedure

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:

(1)     a short and plain statement of the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;

(2)    a short and plain statement of the claim showing that the pleader is entitled to relief;

(3)    a demand for the relief sought, which may include relief in the alternative or different types of relief; and

(4)    if the pleader seeks more than $15,000 in monetary damages, the demand for relief may request damages “in excess of $15,000” without further specification of the amount.

(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 against it 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.

(c)      Affirmative Defenses.

(1)    In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

(A)     accord and satisfaction;

(B)      arbitration and award;

(C)      assumption of risk;

(D)      contributory negligence;

(E)      discharge in bankruptcy;

(F)       duress;

(G)      estoppel;

(H)      failure of consideration;

(I)         fraud;

(J)       illegality;

(K)      injury by fellow servant;

(L)       laches;

(M)      license;

(N)       payment;

(O)       release;

(P)        res judicata;

(Q)       statute of frauds;

(R)       statute of limitations; and

(S)        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 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 must be construed so as to do justice.

Advisory Committee Note—2019 Amendment

The amendments generally conform Rule 8 to FRCP 8, with the addition of the Nevada-specific provisions respecting claims for damages in excess of $15,000 in Rule 8(a)(4) and discharge in bankruptcy as an affirmative defense. FRCP 8(a)(l)’s jurisdictional statement requirement is incorporated into Rule 8(a)(1) but this does not affect the jurisdiction of the various Nevada courts. Former NRCP 8’s references to NRCP 11 are deleted as unnecessary.

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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