§ 9-11-7. Pleadings allowed; form of motions

§ 9-11-7. Pleadings allowed; form of motions

 

(a) Pleadings.There shall be a complaint and an answer; a third-party complaint, if a person who is not an original party is summoned under Code Section 9-11-14; and a third-party answer, if a third-party complaint is served. There may be a reply to a counterclaim denominated as such and an answer to a cross-claim, if the answer contains a cross-claim. 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 chapter.

 

(c) Demurrers, pleas, etc., abolished.Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.