RULE 10. FORM OF PLEADINGS
1 (a) Caption; Names of Parties. Every pleading must have a caption with the
2 court's name and the county in which the action is brought, a title that names the
3 parties, and a Rule 7(a) designation. The title of the complaint must name all the
4 parties; the title of other pleadings may name the first party on each side and refer
5 generally to other parties. If the State of North Dakota is a real party in interest in
6 an action and was not named as a party in the original title, its name must be added
7 to the title.
8 (b) Paragraphs; Separate Statements. A party must state its claims or
9 defenses in numbered paragraphs, each limited as far as practicable to a single set
10 of circumstances. A later pleading may refer by number to a paragraph in an earlier
11 pleading. If doing so would promote clarity, each claim founded on a separate
12 transaction or occurrence--and each defense other than a denial--must be stated
13 in a separate count or defense.
14 (c) Adoption by Reference; Attached Instruments. A statements in a
15 pleading may be adopted by reference elsewhere in the same pleading or in any
16 other pleading or motion. A copy of a written instrument attached to a pleading is a
17 part of the pleading for all purposes.
18 EXPLANATORY NOTE
19 Rule 10 was amended, effective July 1, 1980; March 1, 2007; March 1,
21 Rule 10 is adapted from Fed.R.Civ.P. 10.
22 Rule 10 was amended, effective March 1, 2011, in response to the
23 December 1, 2007, revision of the Federal Rules of Civil Procedure. The language
24 and organization of the rule were changed to make the rule more easily understood
25 and to make style and terminology consistent throughout the rules.
26 Subdivision (a) was amended, effective March 1, 2007, to specify that, if
27 the State of North Dakota is a real party in interest to an action, or if it becomes a
28 real party in interest, it must be named as a party in the title, regardless of whether
29 it was named as a party originally. In some cases, the state may become a real party
30 in interest by action of law. See, e.g., N.D.C.C. § 14-09-09.26.
31 SOURCES: Joint Procedure Committee Minutes of November 29-30, 1979,
32 page 4;September 20-21, 1979, pages 7 and 19; Fed.R.Civ.P. 10.
33 STATUTES AFFECTED:
34 Considered: N.D.C.C. § 14-09-09.26
35 CROSS REFERENCE: N.D.R.Civ.P. 7 (Pleadings Allowed-Form of
36 Motions), N.D.R.Civ.P. 8 (General Rules of Pleading), and N.D.R.Civ.P. 25
37 (Substitution of Parties); N.D.R.Ct. 3.1 (Pleadings).