RULE 10. FORM OF PLEADINGS

218

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.

Back to Top