RULE 7. PLEADINGS ALLOWED - FORM OF MOTIONS AND OTHER PAPERS
(a) Pleadings. Only these pleadings are allowed:
There shall be (1) a complaint: and (2) an answer to a complaint; a reply (3) an answer to a counterclaim denominated as such designated as a counterclaim;
(4) an answer to a
cross-claim, if the answer contains a cross-claim crossclaim;
(5) a third-party complaint
, if a person who was not an original party is summoned under Rule 14; and a (6) an answer to a third-party answer, if a third-party complaint if served.; and No other pleading shall be allowed, except that (7) if the court may order orders one, a reply to an answer or a third-party answer.
(b) Motions and other papers.
(1) In General.
An application to the A request for a court for an order shall must be made by motion. The motion must: which, unless made during a hearing or trial, shall be made (A) be in writing, unless made during a hearing or trial; shall (B) state with particularity the grounds therefore, for seeking the order;and shall set forth (C) state the relief or order sought.
The writing requirement
of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) Form. The rules
applicable to governing captions and other matters of form of in pleadings apply to all motions and other papers provided for by these rules. (3) All motions must be signed in accordance with Rule 11.
(4) A motion to vacate or modify a provisional remedy shall have preference over all other motions.
(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
Rule 7 was amended, effective March 1, 1986; _____________.
This rule is identical to Rule 7, Fed.R.Civ.P., except for the addition to subdivision (b) of a provision giving preference to a motion to vacate or modify a provisional remedy, which had been previously contained in N.D.R.C. 1943 § 28-2806.
Subdivision (b)(3), adopted effective March 1, 1986, tracks the 1983 amendment to Fed.R.Civ.P. 7(b) and requires that all motions must be signed in accordance with N.D.R.Civ.P. 11.
Rule 7 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of April 26, 1984, page 25; January 20, 1984, page 15; September 20-21, 1979, page 6;
Rule Fed.R.Civ.P. 7 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 28-0702, 28-0704, 28-0705, 28-0706, 28-0707, 28-0708, 28-0709, 28-0716, 28-1717, 28-1718, 28-2801, 28-2802, 28-2803, 28-2810; N.D.C.C. §§ 27-07-18, 28-28-06.
Cross Reference: N.D.R.Civ.P. 8 (General Rules of Pleading), N.D.R.Civ.P. 10 (Form of Pleadings), N.D.R.Civ.P. 11 (Signing of Pleadings), N.D.R.Civ.P. 13 (Counterclaim and Cross-Claim), N.D.R.Civ.P. 14 (Third-Party Practice), and N.D.R.Civ.P. 15 (Amended and Supplemental Findings); N.D.R.Crim.P. 47 (Motions); N.D.R.Ct. 3.2 (Motions).