Rule 10.Form of pleadings
Group III: Pleadings and Motions · Last amended April 27, 2016 · Last verified July 13, 2026
Full Text of Rule 10
Notes
Note: This Rule 10(a) is substantially the same as the Federal Rule and conforms to present State practice.
Note: This Rule 10(a)(1) preserves Code § 15-13-70 as to unknown parties.
Note: This Rule 10(b) is substantially the same as the Federal Rule and restates Circuit Rule 18, paragraph one. The Rule adheres to fact pleading by reference to "cause of action" instead of the word "claim" in the Federal Rule.
Note: This Rule 10(c) is the same as the Federal Rule, except that it requires copies of exhibits to be attached to the pleading, if they are to be considered a part thereof.
Note: Rule 10(d) is added to the Federal Rules to conform to the new State Rules as to form and style of papers as prescribed by Supreme Court Rule 5, and Circuit Court Rule 13.
Note to 1990 Amendment: This amendment deletes a reference to the Supreme Court Rules which have been repealed.
Note: This Rule 10(e) is added to preserve Code § 15-9-1000, and Circuit Court Rule 12.
Amendment History
Last amended by Order dated April 27, 2016.
Plain-English Summary
Rule 10 is about form rather than substance. Subsection (a) requires every pleading to carry a caption identifying the state, county, court, case title, and file number. The summons and complaint must name every party in the caption; later pleadings can shorten that to the first party on each side with an indication that others exist. A party who doesn't know an adverse party's name can plead against a placeholder — "whose true name is unknown" — and amend once the true name comes to light.
Subsection (b) requires facts to be broken into consecutively numbered paragraphs, each limited so far as practical to a single set of circumstances, so that later filings can reference a paragraph by number instead of re-describing it. Each cause of action or defense gets its own separate statement. Subsection (c) allows a party to adopt an earlier statement by reference rather than repeat it, and treats an exhibit — a document, photo, diagram, or similar item — as part of the pleading once a copy is attached.
Subsection (d) sets the physical specifications: letter-size paper, adequate line spacing, a minimum one-inch margin on all sides, type no smaller than twelve-point, and consecutively numbered pages fastened at the top. Oversized exhibits may be filed at actual size but should be reduced to letter size when that doesn't hurt legibility. Subsection (e) gives these requirements teeth: the clerk of court is directed not to file a pleading or paper that doesn't comply, with an exception carved out for exhibits.
Frequently Asked Questions
Do I have to name every defendant in every pleading I file?
Only in the summons and complaint. Rule 10(a) allows later pleadings to list just the first party on each side with an indication that other parties exist.
What if I don't know a defendant's real name yet?
Rule 10(a)(1) lets you plead against that party using any name plus the phrase "whose true name is unknown," and amend the pleading once you learn the real name.
Are there formatting requirements for pleadings?
Yes. Rule 10(d) requires letter-size paper, a minimum one-inch margin, type no smaller than twelve-point, and consecutively numbered pages fastened at the top.
Can the clerk refuse to file my pleading?
Rule 10(e) directs the clerk not to accept a pleading or paper that doesn't meet Rule 10's formatting requirements, though exhibits get an exception.
Do I have to attach documents I reference in my pleading?
To have an exhibit treated as part of the pleading, Rule 10(c) requires a copy of it to be attached; you can also incorporate earlier statements by reference instead of repeating them.