RULE 10. FORM OF PLEADINGS
-; Names of Parties.
Every pleading shall contain must have a caption
forth the name of the court with the court's name and the county in which
the action is
brought, the a title of the action
that names the parties, and a Rule 7(a) designation as in Rule
7(a). In The title of the complaint the
title of the action shall include the names of must name
all the parties ,; but in the title
of other pleadings it is sufficient to state the may name
first party on each side with an appropriate indication of and refer
generally to other parties.
If the State of North Dakota is a real party in interest in an action and was not named as a
party in the original title, its name must be added to the title.
Statements. All averments of claim or defense shall be made A
party must state its claims or defenses in numbered paragraphs, the contents
of each of which
shall be limited as far as practicable to a statement of a single
set of circumstances ;. and A
later pleading may refer by number to a paragraph may be referred to by number
succeeding pleadings in an earlier pleading. Each
If doing so would promote clarity, each
claim founded upon on a separate transaction or occurrence
-- and each defense other than
denials shall a denial -- must be stated in a separate count
or defense whenever a separation
facilitates the clear presentation of the matters set forth.
(c) Adoption by Reference
Attached Instruments. Statements A statement in a
pleading may be adopted by reference in a different part of elsewhere
in the same pleading
or in another any other pleading or in
any motion. An exhibit annexed A copy of a written
instrument attached to a pleading is a part thereof of the
pleading for all purposes.
Rule 10 was amended, effective July 1, 1980; March 1, 2007; March 1, 2011.
Subdivision (a) Rule 10 is adapted
from Fed.R.Civ.P. 10 , with the addition of requiring
the name of the county in which the action is brought to be included in the caption and
deleting the federal requirement of including the file number of the case as part of the
caption. Even though the filing number is not required, its use is encouraged because it is
helpful to the court and the clerk. Also,
Rule 10 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.
Rule 25(d)(2) was moved to subdivision (a),
[effective July 1, 1980 ]. It governs the
situation in which a public officer sues or is sued in his an
official capacity and is
identical to based on Fed.R.Civ.P. 25(d)(2).
Subdivision (a) was amended, effective March 1, 2007, to specify that, if the State of North Dakota is a real party in interest to an action, or if it becomes a real party in interest, it must be named as a party in the title, regardless of whether it was named as a party originally. In some cases, the state may become a real party in interest by action of law. See, e.g., N.D.C.C. § 14-09-09.26.
Subdivisions (b) and (c) are identical to the same
subdivisions of Fed.R.Civ.P. 10.
Sources: Joint Procedure Committee Minutes of January 24, 2008, page 17; November 29-30, 1979, page 4; September 20-21, 1979, pages 7 and 19; Fed.R.Civ.P. 10.
Superseded: N.D.R.C. 1943 §§ 28-0701,
Considered: N.D.C.C. § 14-09-09.26
N.D.R.Civ.P. 7 (Pleadings Allowed - Form of Motions),
N.D.R.Civ.P. 8 (General Rules of Pleading), and N.D.R.Civ.P. 25
Parties) , N.D.R.Civ.P.; Rule N.D.R.Ct.
3.1 (Pleadings), Rule N.D.R.Ct. 3.1,