CIVIL PROCEDURE

Rule 6
Kinds of Pleading
Section 1: Pleadings are the written statement regarding the claims and defenses of
the parties submitted to the court for proper judgment.
Section 2: As to claims complaint, counterclaim, cross-claim, third or fourth party
complaint, and complaint-in-intervention.
As to Defense: Answer or Reply
Section 3: Complaint is the pleading alleging the plaintiffs cause or causes of
action. The names and residences of the plaintiff and defendant must be stated in
the complaint.
Section 4: An answer is the pleading in which a defending party may sets forth his
defenses.
Section 5: Defenses may either be NEGATIVE or AFFIRMATIVE
Negative defense Is the specific denial of the material fact or facts alleged in the
pleading of the claimant essential to his cause or causes of action.
Affirmative is an allegation of new matter which, while hypothetically admitting
the material allegations in the pleading, would nevertheless prevent or bar recovery.
E.G fraud, statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy and any other matter by way of
confession or avoidance.
Section 6: A counterclaim is any claim which a defending party may have against
the opposing party.
Section 7: A compulsory counterclaim is one which arises out of or is connected with
the transaction or occurrence constituting the subject matter of the opposing
partys claim and does not require for its adjudication the presence of third parties
of whom the court cannot acquire jurisdiction.
Section 8: A cross-claim is any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter either of the original action
or of a counterclaim therein.
Section 9: A counterclaim may be asserted against an original counter-claimant. A
cross-claim may also be file against an original cross claimant.
Section 10: A reply is the pleading, the purpose of which is to deny, or allege facts
in denial or avoidance of new matters by way of defense in the answer and thereby

join or make issue as to such new matters. If a party does not file such reply, all the
new matters alleged in the answer are deemed controverted.
If the plaintiff wishes to interpose any claims arising out of the new matters so
alleged, such claims shall be set forth in an amended or supplemental complaint.
Section 11: A third (fourth, etcetera) party complaint is a claim that a defending
party may, with leave of court, file against a person not a party to the action (called
third or fourth-party defendant)for contribution, indemnity, subrogation or any other
relief, in respect of his opponents claim.
Section 12: When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim or
cross-claim, the court shall order them to be brought in as defendants, if jurisdiction
over them can be obtained.
Section 13: A third or fourth party defendant may allege in his answer his defenses,
counterclaims or cross-claims, including such defenses may have against the
original plaintiffs claim. In proper cases, he may also assert a counterclaim against
the original plaintiff in respect of the latters claim against the third party plaintiff.