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RULE 10. FORM OF PLEADINGS

July 25, 2011

RULE 10.01: CAPTION — NAMES OF PARTIES.

Every pleading shall contain a caption setting forth the name of the court and county wherein the action is filed or is pending, the title of the action, the file number, and a designation as in Rule 7.01. In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

RULE 10.02: PARAGRAPHS — SEPARATE STATEMENTS.

All averments of claim or defense shall be made in numbered paragraphs, contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

RULE 10.03: EXHIBITS.

Whenever a claim or defense is founded upon a written instrument other than a policy of insurance, a copy of such instrument or the pertinent parts thereof shall be attached to the pleading as an exhibit unless the instrument is (1) a matter of public record in the county in which the action is commenced and its location in the record is set forth in the pleading; (2) in the possession of the adverse party and this fact is stated in the pleading; (3) inaccessible to the pleader or is of such nature that attaching the instrument would be unnecessary or impracticable and this fact is stated in the pleading, together with the reason therefor. Every exhibit so attached or referred to under (1) and (2) shall be a part of the pleading for all purposes.

RULE 10.04: ADOPTION BY REFERENCE.

Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion.

Advisory Commission Comments.

10.02: Rule 10.02 sets out a technique for achieving clarity and simplicity in pleading. The requirements as to separate paragraphs and counts are qualified by considerations of practicality and clarity. Thus, each claim founded upon a separate transaction is not absolutely required to be set out in a separate count unless the separation facilitates the clear presentation of the matters set forth.

10.03: Rule 10.03 requires that, when an action or defense rests upon a written instrument, the instrument be made an exhibit to the pleading and become a part thereof. The exceptions set out in Rule 10.03 cover situations where the instrument is not available to the pleader or the inconvenience of exhibition outweighs the value thereof.

10.04: This Rule is designed to remove the necessity for repeating material already set out in the same or a former pleading.

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