Page:LVNV Funding, LLC v. Nardi.pdf/3

 of any written instrument or document upon which a claim or defense is based shall be attached as an exhibit to the pleading in which such claim or defense is averred unless good cause is shown for its absence in such pleading." LVNV attached to its motion for summary judgment a written "Card Agreement" alleged to be the instrument upon which the claim was based. Pursuant to Rule 10(d), any instrument upon which the claim was based had to be attached as an exhibit to the complaint. Compliance with Rule 10(d) is mandatory. See Ray & Sons Masonry Contractors, Inc. v. U.S. Fid. & Guar. Co., 353 Ark. 201, 114 S.W.3d 189 (2003).

LVNV asserts that Rule 10 is inapplicable because suit may be brought on an account based on a complaint and a section 16-45-104 affidavit. Section 16-45-104 provides as follows:

In any suit on an account in any of the courts of this state, the affidavit of the plaintiff, duly taken and certified according to law, that the account is just and correct shall be sufficient to establish the account, unless the defendant denies under oath the correctness of the account, either in whole or in part, in which case the plaintiff shall be held to prove by other evidence such part of his account as is thus denied.

Ark. Code Ann. § 16-45-104. As the circuit court found, a section 16-45-104 "Affidavit to Correctness of Account," if it complies with the rules of evidence, might offer proof of the account amount ("establish the account"), but it does not satisfy or excuse compliance with Rule 10(d). "[R]ules regarding pleading, practice, and procedure are solely the responsibility of this court." Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, at 7, 308 S.W.3d 135, 141 (citing Ark. Const. amend. 80, § 3). Compliance with Rule 10(d) is mandatory. Entry of the order of summary judgment was proper.