(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, 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.
Rule 10.Form of pleadings.
Last verified July 6, 2026
In one sentenceRule 10 sets the basic formatting rules for every pleading filed in an Alabama civil case — how to caption it, how to organize it into numbered paragraphs, and how to attach or reference other documents.
Full Text of Rule 10
(b) Paragraphs; separate statement. 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. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
(dc) District court rule. Rule 10 applies in the district courts.
Amendment History
This rule has not been amended since its adoption.
Committee Comments
Committee Comments on 1973 Adoption
Rule 10(a) sanctions existing Alabama practice, save that, by reason of the merger of law and equity contemplated in Rule 2, it will no longer be necessary to designate the complaint as “at law” or “in equity.” However, such designation may facilitate filing with the appropriate court officer under Rule 79(f).
The requirement in Rule 10(b) that averments be made in numbered paragraphs is similar to the former requirement in equity. Equity Rules 11, 25. The further requirement that the contents of each averment be limited, as far as practicable, to a statement of a single set of circumstances is new both to law and equity.
Rule 10(b) requires claims to be presented in separate counts only where two conditions are met: the claims must be founded upon a separate transaction or occurrence, and a separation must facilitate the clear presentation of the matters set forth. Thus the pleader cannot be required to use separate counts where his claims arise from a single transaction or occurrence. E.g., Clark v. Springfield City Water Co., 14 F.R.D. 504 (W.D.Mo.1953), although the use of separate counts even in this situation may be desirable as leading to clarity. Even where the claims arise from separate transactions or occurrences, the test as to whether separate counts must be used is functional rather than conceptual. Separate counts are required if they facilitate the clear presentation of the matters set forth. Thus the technical doctrine of duplicity, by which a count has heretofore been held objectionable if it contains several claims regardless of clarity—e.g., Richardson v. Vaughn, 208 Ala. 442, 94 So. 514 (1922); McDougal v. Alabama Great Southern R. Co., 210 Ala. 207, 97 So. 730 (1923)—will have no application.
Failure to comply with the requirements of Rule 10(b) is not grounds for dismissal of the complaint or striking of the answer, but may be ordered remedied by motion. Schoenberg v. Decorative Cabinet Corp., 27 F.Supp. 802 (E.D.N.Y.1939); Grauman v. City Company of New York, 31 F.Supp. 172 (S.D.N.Y.1939). See Wright & Miller, Federal Practice and Procedure, Civil § 1322 (1969).
Plain-English Summary
Every pleading needs a caption identifying the court, the parties, the case number, and what kind of document it is. A complaint must list every party's name in its title, but later pleadings only need to name the first party on each side, with an indication that others are involved. This keeps paperwork consistent without forcing every filing to repeat a long list of names.
Inside the pleading, Rule 10 asks for numbered paragraphs, each limited as much as practical to a single set of circumstances. That numbering matters beyond neatness — later pleadings and motions can refer back to a paragraph by number instead of restating it. When a case involves more than one claim or defense arising from separate events, the rule calls for separate counts whenever splitting them up would make the case easier to follow. The test is practical rather than technical: separation is required only where it helps clarify what is being alleged, not merely because multiple theories are involved.
Finally, the rule lets a pleader avoid needless repetition. A statement made in one part of a pleading, or in an earlier pleading or motion, can be adopted by reference rather than typed out again. And when a written document is attached to a pleading as an exhibit, that document becomes part of the pleading for every purpose — which means that if the exhibit's terms conflict with what the pleading says about it, the exhibit controls.
Frequently Asked Questions
Does every pleading need to list all the parties in its title?
Only the complaint must list every party’s name. Later pleadings only need to name the first party on each side, along with an indication that other parties exist.
Why does Rule 10 require numbered paragraphs?
Numbering keeps each pleading organized around discrete facts and allows later pleadings and motions to reference a specific paragraph by number instead of restating it.
When must claims be split into separate counts?
Only when the claims arise from separate transactions or occurrences and separating them would make the case clearer to follow. A single transaction giving rise to multiple claims does not have to be split up.
What happens if a document attached as an exhibit conflicts with what the pleading says?
The exhibit controls. Because an attached written instrument becomes part of the pleading for all purposes, its actual terms take precedence over a conflicting description in the pleading itself.
Can I just refer to something I already said earlier in the case instead of repeating it?
Yes. Rule 10 allows statements to be adopted by reference from elsewhere in the same pleading, from another pleading, or from a motion, rather than requiring them to be restated in full.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 10). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: form of pleadingscaption requirements alabamanumbered paragraphs pleadingexhibits to pleadingsAla. R. Civ. P. 10