Advisory Commission Comments to Rules 10.01-10.04

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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