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Rule 10 – Form of Pleadings

May 14, 2021 | Civil Procedure, Vermont

(a) Caption; Names of Parties. Every pleading shall contain a caption setting forth the name of the court and county or territorial unit and circuit, the title of the action, the docket number, and a designation as in Rule 7(a). In the complaint, the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. The complaint shall be dated.
(b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by Reference; Exhibits. 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 in the same action. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
(d) Other Requirements of Form. All pleadings shall comply with applicable format provisions of the 2010 or 2020 Vermont Rules for Electronic Filing.

V.R.C.P. 10

Amended Mar. 6, 2002, eff. July 1, 2002; Aug. 17, 2010, eff. Oct. 1, 2010; Aug. 30, 2011, eff. Oct. 31, 2011; amended Dec. 10, 2019, eff. March 2, 2020.

Reporter’s Notes-2020 Amendment

Rule 10(d) is amended to clarify that its cross references are to the 2010 or 2020 Vermont Rules for Electronic filing, if either is applicable.