RULE 18. JOINDER OF CLAIMS AND REMEDIES
(a) Joinder of Claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
(b) Joinder of Remedies-Fraudulent Conveyances. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the 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 fraudulent as to the plaintiff, without first having obtained a judgment establishing the claim for money. This rule does not apply in tort cases so as to permit the joinder of a liability or indemnity insurance carrier, unless the carrier is by law or contract directly liable to the person injured or damaged.
EXPLANATORY NOTE
Rule 18 is identical to Rule 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.
SOURCES: Joint Procedure Committee Minutes of April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 12; Rule 18, FRCivP.
STATUTES AFFECTED:
SUPERSEDED: Section 28-0703, NDRC 1943.
CROSS REFERENCE: Rules 8 (General Rules of Pleading), 13(Counterclaim and Cross-Claim),14 (Third-Party Practice), and 42 (Consolidation-Separate Trials), N.D.R.Civ.P.