by admin | May 13, 2021 | Civil Procedure, Indiana
(A) Caption-Names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file 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,...
by admin | May 13, 2021 | Civil Procedure, Indiana
(A) When instrument or copy, or an Affidavit of Debt must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the...
by admin | May 13, 2021 | Civil Procedure, Indiana
(A) Defense of contributory negligence or assumed risk. In all claims alleging negligence, the burden of pleading and proving contributory negligence, assumption of risk, or incurred risk shall be upon the defendant who may plead such by denial of the allegation.(B)...
by admin | May 13, 2021 | Civil Procedure, Indiana
(A) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organization that is made a party. The burden of proving lack of such capacity,...
by admin | May 13, 2021 | Civil Procedure, Indiana
(A) Claims for Relief. To state a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, a pleading must contain: (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and(2) a demand for...
by admin | May 13, 2021 | Civil Procedure, Indiana
(A) Pleadings. The pleadings shall consist of: (1) a complaint and an answer;(2) a reply to a denominated counterclaim;(3) an answer to a cross-claim;(4) a third-party complaint, if a person not an original party is summoned under the provisions of Rule 14; and(5) a...
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