§ 12-2007. Pleadings allowed - Form of motions.  


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  • PLEADINGS ALLOWED; FORM OF MOTIONS

    A.  PLEADINGS.  There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim denominated as such; a third-party petition, if a person who was not an original party is summoned under the provisions of Section 14 of this act; and a third-party answer, if a third-party petition is served.  No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

    B.  MOTIONS AND OTHER PAPERS.

    1.  An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.  The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

    2.  The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this act.

    3.  All motions shall be signed in accordance with Section 11 of this act.

    C.  DEMURRERS TO THE PLEADINGS, PLEAS, ETC., ABOLISHED.  Demurrers to the pleadings, pleas, and exceptions for insufficiency of a pleading shall not be used.

Added by Laws 1984, c. 164, § 7, eff. Nov. 1, 1984.