(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
(5) a third-party complaint
, if a person who was not an original party is
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
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
(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
(c) Demurrers, pleas, etc., abolished.
Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be
Rule 7 was amended, effective March 1, 1986; _____________.
This rule is
identical to Rule 7, derived from Fed.R.Civ.P.
7 , 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 §
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
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 January 24, 2008, page 15; April
page 25; January 20, 1984, page 15; September 20-21, 1979, page 6;
Fed.R.Civ.P. 7 ,
Superseded: N.D.R.C. 1943 §§ 28-0702, 28-0704, 28-0705, 28-0706,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;
§§ 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).