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
(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
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
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; March 1, 2011.
This rule is
identical to Rule
7, derived from Fed.R.Civ.P. 7 , except for the
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
Under paragraph (a)(7), a reply to an answer or third-party answer is allowed only on court order.
Rule 7 was amended, effective March 1, 2011, 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 26, 1984,
page 25; January 20, 1984, page 15; September 20-21, 1979, page 6;
Rule Fed.R.Civ.P. 7 ,
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).