N.D.R.Civ.P.RULE 18. JOINDER OF CLAIMS AND REMEDIES (a)
Joinder of claims In General. A party asserting a claim to relief as an original claim, counterclaim, cross-claim crossclaim, or third-party claim , may join, either as independent or as alternate alternative claims, as many claims , legal or equitable, as the party it has against an opposing party.
(b) Joinder of
remedies-Fraudulent conveyances Contingent Claims. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the A party may join two claims may be joined in a single action even though one of them is contingent on the disposition of the other; but the court shall may grant relief in that action only in accordance with the parties' relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance that is fraudulent as to the that plaintiff, without first having obtained obtaining a judgment establishing the claim for the money. This rule does not apply in tort cases so as to permit the joinder of a liability or indemnity insurance carrier in a tort case, unless the carrier is by law or contract directly liable to the person injured or damaged.
Rule 18 was amended, effective _________.
Rule 18 is
identical to Rule derived from Fed.R.Civ.P.18 , FRCivP, except for style changes and deletion of a reference to maritime claims in subdivision (a) and the addition of the last sentence to subdivision (b).
Rule 18 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 18 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 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 12;
Rule Fed.R.Civ.P. 18 , FRCivP.
Superseded: N.D.R.C. 1943 § 28-0703.
Rules N.D.R.Civ.P. 8 (General Rules of Pleading), 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. 42 (Consolidation - Separate Trials) , N.D.R.Civ.P.