Obsolete Date: 3/1/2018
(a) Pleadings. Only these pleadings are allowed:
(1) a complaint:
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party; and
(7) if the court orders one, a reply to an answer or a third-party answer.
(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:(A) be in writing, unless made during a hearing or trial;(B) state with particularity the grounds for seeking the order,(C) state the relief sought.The writing requirement is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
This rule is derived from Fed.R.Civ.P. 7.
Under paragraph (a)(7), a reply to an answer or third-party answer is allowed only on court order.
Subdivision (b) was amended, effective March 1, 2018, to eliminate language allowing a motion to be stated as part of a notice of motion.
Rule 7 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 September 28, 2017, pages 11-12; January 24, 2008, page 15; April 26, 1984, page 25; January 20, 1984, page 15; September 20-21, 1979, page 6; Fed.R.Civ.P. 7.
CROSS REFERENCE: N.D.R.Civ.P. 8 (General Rules of Pleading), 10 (Form of Pleadings), 11 (Signing of Pleadings), 13 (Counterclaim and Cross-Claim), 14 (Third-Party Practice), and 15 (Amended and Supplemental Findings); N.D.R.Crim.P. 47 (Motions), N.D.R.Ct. 3.2 (Submission on Briefs and Filing).