Rule 10. Form of pleadings. - North-carolina Statutes

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Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_10

Rule 10. Form of pleadings.

(a) Caption; names ofparties. Every pleading shall contain a caption setting forth the division ofthe court in which the action is filed, the title of the action, and adesignation as in Rule 7(a). In the complaint the title of the action shallinclude the names of all the parties, but in other pleadings it is sufficientto state the name of the first party on each side with an appropriateindication of other parties.

(b) Paragraphs;separate statement. All averments of claim or defense shall be made innumbered paragraphs, the contents of each of which be limited as far aspracticable to a statement of a single set of circumstances; and a paragraphmay be referred to by number in all succeeding pleadings. Each claim foundedupon a separate transaction or occurrence and each defense other than denialsshall be stated in a separate count or defense whenever a separationfacilitates the clear presentation of the matters set forth.

(c) Adoption byreference; exhibits. Statements in a pleading may be adopted by reference ina different part of the same pleading or in another pleading or in any motionin the action. A copy of any written instrument which is an exhibit to apleading is a part thereof for all purposes. (1967, c. 954, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_10

Rule 10. Form of pleadings.

(a) Caption; names ofparties. Every pleading shall contain a caption setting forth the division ofthe court in which the action is filed, the title of the action, and adesignation as in Rule 7(a). In the complaint the title of the action shallinclude the names of all the parties, but in other pleadings it is sufficientto state the name of the first party on each side with an appropriateindication of other parties.

(b) Paragraphs;separate statement. All averments of claim or defense shall be made innumbered paragraphs, the contents of each of which be limited as far aspracticable to a statement of a single set of circumstances; and a paragraphmay be referred to by number in all succeeding pleadings. Each claim foundedupon a separate transaction or occurrence and each defense other than denialsshall be stated in a separate count or defense whenever a separationfacilitates the clear presentation of the matters set forth.

(c) Adoption byreference; exhibits. Statements in a pleading may be adopted by reference ina different part of the same pleading or in another pleading or in any motionin the action. A copy of any written instrument which is an exhibit to apleading is a part thereof for all purposes. (1967, c. 954, s. 1.)

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State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_10

Rule 10. Form of pleadings.

(a) Caption; names ofparties. Every pleading shall contain a caption setting forth the division ofthe court in which the action is filed, the title of the action, and adesignation as in Rule 7(a). In the complaint the title of the action shallinclude the names of all the parties, but in other pleadings it is sufficientto state the name of the first party on each side with an appropriateindication of other parties.

(b) Paragraphs;separate statement. All averments of claim or defense shall be made innumbered paragraphs, the contents of each of which be limited as far aspracticable to a statement of a single set of circumstances; and a paragraphmay be referred to by number in all succeeding pleadings. Each claim foundedupon a separate transaction or occurrence and each defense other than denialsshall be stated in a separate count or defense whenever a separationfacilitates the clear presentation of the matters set forth.

(c) Adoption byreference; exhibits. Statements in a pleading may be adopted by reference ina different part of the same pleading or in another pleading or in any motionin the action. A copy of any written instrument which is an exhibit to apleading is a part thereof for all purposes. (1967, c. 954, s. 1.)