RULE 10. FORM OF PLEADINGS
-; Names of Parties. Every pleading shall contain must have a caption setting forth the name of the court with the court's name and the county in which the action is brought, the a title of the action that names the parties, and a Rule 7(a) designation as in Rule 7(a). In The title of the complaint the title of the action shall include the names of must name all the parties ,; but in the title of other pleadings it is sufficient to state the may name of the first party on each side with an appropriate indication of and refer generally to 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.
-; Separate Statements. All averments of claim or defense shall be made A party must state its claims or defenses 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 later pleading may refer by number to a paragraph may be referred to by number in all succeeding pleadings in an earlier pleading. Each If doing so would promote clarity, each claim founded upon on a separate transaction or occurrence -- and each defense other than denials shall a denial -- must 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; Attached Instruments. Statements A statement in a pleading may be adopted by reference in a different part of elsewhere in the same pleading or in another any other pleading or in any motion. An exhibit annexed A copy of a written instrument attached to a pleading is a part thereof of the pleading for all purposes.
Rule 10 was amended, effective July 1, 1980; March 1, 2007;______________.
Subdivision (a) Rule 10 is adapted from Fed.R.Civ.P. 10 , 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 10 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.
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 an official capacity and is identical to based on Fed.R.Civ.P. 25(d)(2).
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 Fed.R.Civ.P. 10.
Sources: Joint Procedure Committee Minutes of _______________; November 29-30, 1979, page 4; September 20-21, 1979, pages 7 and 19; 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
Rules 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.Civ.P.; Rule N.D.R.Ct. 3.1 (Pleadings), Rule N.D.R.Ct. 3.1, N.D.R.Ct.