Supreme Court Rules - Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings: Pleading in Alternative

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Supreme Court Rules

		Section/Rule:	55.10
Subject:	Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings	Publication / Adopted Date:	January 19, 1973
Topic:	Pleading in Alternative - Consistency	Revised / Effective Date:	January 1, 1994

55.10. Pleading in Alternative - Consistency

A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973. Amended Sept. 28, 1993,eff. Jan. 1, 1994.)

Committee Note - 1974

The source is prior

Rule 55.12

. The phrase 'regardless of consistency' has been added.

Compare:

Rule

8(e)(2)

of the Federal Rules of Civil Procedure.