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§ 6-1107. Pleadings allowed; form of motions.

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   (a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such, if the answer contains a counterclaim; an answer to a cross‑claim, if the answer contains a cross‑claim; a third‑party complaint, if a person who was not an original party is summoned as a third‑party defendant; and a third‑party answer, if a third party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third‑party answer.

COMMENT

 

  The initial pleading will be a petition when that designation is provided by statute. See § 25‑801.01(2)(b).

 

   A partial list of the proceedings in which the initial pleading is a "petition" includes a petition in error (see § 25-1903), probate procedure (see § 30‑2209), protection from domestic abuse (see § 42‑924), adoption (see § 43‑102), actions under the juvenile code (see § 43‑245 et seq.), workers’ compensation actions (see § 48-173), Commission of Industrial Relations actions (see § 48‑811), mental health commitments (see § 83‑1001 et seq.), and judicial review of administrative action (see § 84-917). The initial pleading in an action for postconviction relief by a prisoner is a "verified motion" (see § 29-3001).

   A separate rules defines the extent to which an action for grandparent visitation is governed by these rules (see § 43-1803 and the Rules adopted by the Supreme Court pursuant thereto).

   (b) Motions and Other Papers. [Reserved]

COMMENT

 

   Motion practice is governed by Chapter 25, Article 9(d).

 

   (c) Demurrers, Pleas, Etc., Abolished. [Reserved]

COMMENT

 

   See § 25‑801.01(2)(c).

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008.

Supreme Court Rules

This page was last modified on Thursday, October 25, 2012