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Rule 71. Misnomer of Pleading


When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated.

Source: Federal Rule 8 (c) last sentence. See Rule 94 for balance of the Federal Rule.

Change: This rule extends the provision of the Federal Rule to any plea or pleading misnamed.

Oct. 29, 1940, eff. Sept. 1, 1941.


July 15, 1987, eff. Jan. 1, 1988