RULE 10. FORM OF PLEADINGS
(a) Caption-Names of Parties. Every pleading
shallmust contain a caption setting forth the name of the court, andthe county in which the action is broughtvenued, the title of the action, and a designation as in Rule 7(a). In the complaint the title of the action shallmust 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.
Whenever a public officer sues or is sued in
histheir official capacity, hethe officer may be described as a party by hisofficial title rather than by name; but the court may require histhe officer's name to be added.
(b) Paragraphs-Separate Statements. All averments of claim or defense
shallmust be made in numbered paragraphs, the contents of each of which shallmust 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 shallmust 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
thereofof the pleading for all purposes.
Rule 10 was amended, effective July 1, 1980; July 1, 1981; ________________________.
Subdivision (a) is adapted from Rule 10, FRCivP, with the addition of requiring the name of the county in which the action is
broughtvenued 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 identicalsimilar to Rule 25(d)(2),FRCivP.
Subdivisions (b) and (c) are identical to the same subdivisions of Rule 10, FRCivP.
SOURCES: Procedure Committee Minutes of _______________________; November 29-30, 1979, page 4; September 20-21, 1979, pages 7 and 19; Rule 10, FRCivP.
SUPERSEDED: Sections 28-0701, 28-0702, 28-0715, NDRC 1943.
CROSS REFERENCE: Rules 7 (Pleadings Allowed-Form of Motions), 8 (General Rules of Pleading), and 25 (Substitution of Parties), NDRCivP; Rule 3.1 (Pleadings), NDROC.