(a) Caption; names of parties. – Every pleading shall contain a caption setting forth the division of the court in which the action is filed, the title of the action, 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 3, 2026
In one sentenceRule 10 requires every pleading to carry a caption naming the court division, the action, and the pleading type — with all parties named only in the complaint — sets out how claims and defenses are separated into numbered paragraphs, and lets a party adopt earlier statements by reference or attach a written instrument as an exhibit that becomes part of the pleading for all purposes.
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 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 action. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 10(a) requires every pleading to open with a caption stating the division of court where the action is filed, the title of the action, and the pleading’s designation under Rule 7(a). Only the complaint must list every party by name; later pleadings need only name the first party on each side, with an appropriate indication that others are involved.
Rule 10(b) requires each claim or defense to be set out in numbered paragraphs, each limited so far as practicable to a single set of circumstances, so that any paragraph can be referenced by number in later pleadings. Each claim founded on a separate transaction or occurrence, and each defense other than a denial, should be stated in its own count whenever separating them makes the pleading clearer.
Rule 10(c) lets a party adopt statements made elsewhere in the same pleading, in another pleading, or in a motion in the same action, by reference — sparing the pleader from retyping earlier allegations. It also treats a copy of any written instrument attached to a pleading as an exhibit that is part of that pleading for all purposes, so the exhibit’s terms control if they conflict with the pleading’s own allegations.
Frequently Asked Questions
Does every pleading in a North Carolina case have to list all the parties?
No. Only the complaint must name every party; pleadings filed afterward need only name the first party on each side, with an appropriate indication that other parties are involved.
What is the point of numbering paragraphs in a pleading?
It lets later pleadings and the court refer back to a specific paragraph by number, and it forces each set of circumstances or affirmative defense into its own clearly identified statement.
If a document attached to a complaint conflicts with what the complaint alleges, which one controls?
The exhibit. Rule 10(c) makes an attached written instrument part of the pleading for all purposes, so its terms govern over a conflicting allegation in the body of the pleading.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 10). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: caption requirementshow to format a complaintnumbered paragraphsincorporation by referenceexhibits to pleadingsattaching a contract to a complaint