Rule 10 Form of Pleadings

REPORTER’S NOTE Subpart (a) restates the simple requirements for the "caption" of the case, including the court's name, a case title, a file number, and a Rule 7(a) designation. The caption of the complaint must name all the parties. As in the past, after the complaint, the caption of subsequent pleadings, after naming the first party on each side, may refer generally to other parties, such as by using "et al." references. Subpart (b), further implementing the simplicity and clarity required under Rule 8, states that a party must state its claims or defenses in numbered paragraphs, each limited "as far as practicable" to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. This Rule also states the preference for achieving clarity in multi-count or multi-defense cases by having each claim founded on a separate transaction or occurrence — and each defense other than a denial — stated in a separate count or defense. Subpart (c) continues the practice of authorizing "incorporation by reference" so that a pleading may be structured to "repeat and reallege" averments from one segment in another count. In addition, the Rule requires that if an exhibit is annexed to a pleading it becomes part thereof for all purposes in the proceeding. Subpart (d) states that a jury demand is made by "endorsing it on a pleading." In general the demand should be placed on the front page of the pleading immediately following the caption, using words such as “Demand For Jury Trial.” By cross-reference to Rule 38, subpart (d) states that affixing this demand notice will be sufficient to preserve a party's jury-trial right and, conversely, that failure to precisely comply with this rule will not, by itself, result in a waiver under Rule 38(d).