Rule 8.04. Effect of Failure to Deny

Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. Averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading, except that the following allegations must be proved.

(1) Those against a person under any disability;

(2) Those against executors or administrators;

(3) Those necessary to sustain an action for divorce or annulment;

(4) Those against persons whose names and residences are unknown, where there has been no attachment of property.

(5) Those against persons whose parental rights are sought to be terminated.

Click here for Advisory Commission Comments for Rules 8.01-8.06.

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