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RULE 7. PLEADING ALLOWED; FORM OF MOTIONS

July 25, 2011

RULE 7.01: PLEADINGS.

There shall be a complaint and an answer; and there shall be a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summonsed under the provisions of Rule 14; and there shall be a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or to a third-party answer. [As amended by order entered January 26, 1999, effective July 1, 1999.]

RULE 7.02: MOTIONS AND OTHER PAPERS.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2)The rules applicable to captions, signing, and other matters form of pleadings apply to all motions and other papers provided for by these rules.

RULE 7.03: DEMURRERS, PLEAS, ETC., ABOLISHED.

Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

Advisory Commission Comments. 7.01: Rule 7.01 adopts the federal practice of cutting off pleadings after complaint and answer, except that a reply or answer by plaintiff is allowed in cases of counterclaim and cross-claim, and a third-party answer is allowed where a third-party complaint is filed.

7.02: Because of the importance of motions in the procedures set out in these Rules, it is desirable that motions, other than those made at a hearing or trial and which may not have been anticipated in time to put them in writing, be made in writing.

7.03: Rule 7.03 is a corollary to the simplification of a pleading provided in Rule 7.01. The function of the demurrer, plea, etc., can be served by one of the pleadings allowed under Rule 7.01 or by motion.

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