Can you file alternative and inconsistent claims under Rule 8(d)?

• A. No, you must choose one theory only.
• B. Yes, Rule 8(d) allows pleadings in the alternative and inconsistent pleadings.
• C. Yes, you can plead inconsistent facts only in defenses.
• D. No, you cannot plead inconsistent facts.

Answer: (B)

Under Rule 8(d), pleadings may be filed in the alternative and may be inconsistent. This lets a party set out multiple theories for liability or multiple defenses in the same pleading, even if those theories conflict with one another. The purpose is to preserve all plausible avenues for relief or defense at the pleading stage, with the facts and evidence to sort out later in discovery and at trial. For example, a complaint could allege two different causes of action based on different factual theories, or a defendant could raise multiple defenses that aren’t all compatible, and that is allowed. The other options imply a restriction that Rule 8(d) does not impose, since it explicitly permits alternative and inconsistent pleading.