Civ. R. 10(D) Interpretation
Civ.R. 10(D)(1) states:
"When any claim or defense is founded on an account or other written instrument, a copy of the account or written instrument must be attached to the pleading.
If the account or written instrument is not attached, the reason for the omission must be stated in the pleading."
In Fletcher v. Univ. Hosp. of Cleveland, 120 Ohio St. 3d 167, 2008 Ohio 5379, 897 N.E.2d 147, the supreme court recently discussed the differences between Civ.R. 10(D)(1) and (2) and stated:
"Because there is no language in Civ.R. 10(D)(1) that the account or written instrument is required to establish the adequacy of the complaint, any failure to attach the required copies is properly addressed by a motion for a more definite statement under Civ.R. 12(E).
In short, a party can still plead a prima facie case in such circumstances even without attaching the account or written agreement to the complaint.
Thus, the complaint will survive a motion to dismiss for failure to state a claim. Point Rental Co. v. Posani (1976), 52 Ohio App.2d 183, 185-186, 6 O.O.3d 171, 368 N.E.2d 1267." Id. at P11.
Civ.R. 10(D)(2) requires that every complaint containing a medical claim as defined in R.C. 2305.113 must be accompanied by an affidavit of merit from a qualified expert which, among other things, states the expert's opinion that the defendant breached the applicable standard of care.