RULE 10. FORM OF PLEADINGS
(a) Caption-Names of parties. Every pleading shall contain a caption setting forth the name of the court and the county in which the action is brought, the title of the action, and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. If the State of North Dakota is a real party in interest in an action and was not named as a party in the original title, its name must be added to the title.
(b) Paragraphs-Separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by reference-Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. An exhibit annexed to a pleading is a part thereof for all purposes.
Rule 10 was amended, effective July 1, 1980; March 1, 2007.
Subdivision (a) is adapted from
Rule Fed.R.Civ.P. 10 ,
FRCivP., with the addition of
requiring the name of the county in which the action is brought to be included in the
caption and deleting the federal requirement of including the file number of the case as
part of the caption. Even though the filing number is not required, its use is encouraged
because it is helpful to the court and the clerk. Also, Rule 25(d)(2) was moved to
subdivision (a) [effective July 1, 1980]. It governs the situation in which a public officer
sues or is sued in his official capacity and is identical to Rule Fed.R.Civ.P.
Subdivision (a) was amended, effective March 1, 2007, to specify that, if the State of North Dakota is a real party in interest to an action, or if it becomes a real party in interest, it must be named as a party in the title, regardless of whether it was named as a party originally. In some cases, the state may become a real party in interest by action of law. See, e.g., N.D.C.C. § 14-09-09.26.
Subdivisions (b) and (c) are identical to the same subdivisions of
Sources: Joint Procedure Committee Minutes of November 29-30, 1979, page 4;
September 20-21, 1979, pages 7 and 19;
Rule Fed.R.Civ.P. 10 ,
Superseded: N.D.R.C. 1943 § § 28-0701, 28-0702, 28-0715.
Considered: N.D.C.C. § 14-09-09.26
Cross Reference: N.D.R.Civ.P. 7 (Pleadings Allowed - Form of Motions), N.D.R.Civ.P. 8 (General Rules of Pleading), and N.D.R.Civ.P. 25 (Substitution of Parties); N.D.R.Ct. 3.1 (Pleadings).