§7.4 Comparison with Federal Rule

• Jurisdiction: Washington

§7.4COMPARISON WITH FEDERAL RULE

Although the advisory committee notes to the 2007 amendment of FED. R. CIV. P. 7 characterize the changes made as "stylistic only," the modifications effectively codified prior federal law regarding pleadings allowed and the requirements of a motion in federal court. See FED. R. CIV. P. 7, Committee Notes on Rules—2007 Amendment. FED. R. CIV. P. 7(a)(1)-(7) expressly delineate the permissible pleadings (complaint, answer to a complaint, answer to a counterclaim designated as a counterclaim, answer to a cross claim, third-party complaint, answer to a third-party complaint, and, if the court orders one, a reply to an answer). CR 7 addresses the same pleadings, but refers to a "reply" to a counterclaim, rather than an "answer."

FED. R. CIV. P. 7(b)(1) sets forth the requirements of a federal motion in three separate subsections. A request for a court order must be made by motion, and the...