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Criminal Law
University of California, Berkeley School of Law
Vetter, Jan

Rule 8. General Rules of Pleading

Rule 9. Pleading Special Matters

(a) CAPACITY. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.

(b) FRAUD, MISTAKE, CONDITION OF THE MIND. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

(c) CONDITIONS PRECEDENT. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
(d) OFFICIAL DOCUMENT OR ACT. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.
(e) JUDGMENT. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
(f) TIME AND PLACE. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
(g) SPECIAL DAMAGE. When items of special damage are claimed, they shall be specifically stated.
(h) ADMIRALTY AND MARITIME CLAIMS. A pleading or count setting forth a claim for relief within the admiralty and maritime jurisdiction that is also within the jurisdiction of the district court on some other ground may contain a statement identifying the claim as an admiralty or maritime claim for the purposes of Rules 14(c), 38(e), 82, and the Supplemental Rules for Certain Admiralty and Maritime Claims. If the claim is cognizable only in admiralty, it is an admiralty or maritime claim for those purposes whether so identified or not. The amendment of a pleading to add or withdraw an identifying statement is governed by the principles of Rule 15. A case that includes an admiralty or maritime claim within this subdivision is an admiralty case within 28 U.S.C. ß1292(a)(3).

Rule 12. Defenses and Objections—When and How Presented—By Pleading or Motion—Motion for Judgment on the Pleadings

(1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer
(A) within 20 days after being served with the summons and complaint, or
(B) if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States.
(2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served. The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
(3)(A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or crossclaim—or a reply to a counterclaim—within 60 days after the United States attorney is served with the pleading asserting the claim. (B) An officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States shall serve an answer to the complaint or cross-c

, 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) EFFECT OF FAILURE TO DENY. 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
(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 alternately 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 the party has regardless of consistency
and whether based on legal, equitable, or maritime
grounds. All statements shall be made subject to the obligations
set forth in Rule 11.