RULE 18. JOINDER OF CLAIMS AND REMEDIES

Effective Date: 3/1/1990

Obsolete Date: 3/1/2011

(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.

Rule 18 was amended, effective March 1, 2011.

Rule 18 is derived from Fed.R.Civ.P. 18.

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.

CROSS REFERENCE: 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 N.D.R.Civ.P. 42 (Consolidation-Separate Trials).

Effective Date Obsolete Date
03/01/2011 View
03/01/1990 03/01/2011 View