RULE 18. JOINDER OF CLAIMS AND REMEDIES
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
conveyances Contingent Claims. Whenever a claim is
one heretofore cognizable only after another claim has been prosecuted to a conclusion,
A party may join two or more claims may be joined in a single
action even though one of
them is contingent on the disposition of another; but the court shall
may grant relief in that
action only in accordance with the parties' relative substantive
rights of the arties. 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
law or contract directly liable to the person injured or damaged.
Rule 18 was amended, effective March 1, 2011.
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 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 April 24-25,
2008, pages 27-28; April 20,
1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 12;
Fed.R.Civ.P. 18 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §
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
42 (Consolidation - Separate Trials) , N.D.R.Civ.P.