NDRCivP

FORM 1. SUMMONS

Tue, 12 Feb 2019 19:11:37 GMT

STATE OF NORTH DAKOTA,

County of _______

)
)
)

In District Court

_______ Judicial District

A. B.,	)
Plaintiff	)
vs.	)	SUMMONS
C. D.,	)
Defendant	)

The State of North Dakota to the above named defendant:

You are hereby summoned and required to appear and defend against the complaint in this action, which is [herewith served upon you] [or will be filed with the clerk of this court], by serving upon the undersigned an answer or other proper response within twenty days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

Dated _______

Signed: ____________________
Attorney for Plaintiff

Address: ___________________

CROSS REFERENCE: Appendix A (Summons in Action for Divorce or Separation) N.D.R.Ct.

FORM 24. JUDGMENT ON TRIAL TO THE COURT

Tue, 12 Feb 2019 19:10:11 GMT

A. B.,	)
Plaintiff	)
vs.	)	JUDGMENT
C. D.,	)
Defendant	)

This action came on for (trial) (hearing) before the Court, Honorable _______ presiding, and the Court on _______, having ordered that judgment be entered for the [plaintiff] [defendant] to recover of the [plaintiff] [defendant] damages in the amount of _______.

It is ORDERED and ADJUDGED that the (plaintiff recover of the defendant damages and interest in the sum of _______, and his costs and disbursements taxed and allowed in the sum of _______, making a total judgment in the sum of _______) (plaintiff take nothing, that the action is dismissed on the merits, and that the defendant recover of the plaintiff his costs and disbursements taxed and allowed in the sum of _______).

Dated at _______, North Dakota, this _______ day of _______.

______________________________
Clerk of Court

FORM 23. JUDGMENT ON JURY VERDICT

Tue, 12 Feb 2019 19:09:29 GMT

A. B.,	)
Plaintiff	)
vs.	)	JUDGMENT
C. D.,	)
Defendant	)

This action came on for trial before the Court and a jury, Honorable _______ presiding, and the issues having been duly tried (and the jury having returned its answers to the interrogatories propounded by the Court) and the jury on _______, having rendered a verdict for the [plaintiff] [defendant] to recover of the [plaintiff] [defendant] damages in the amount of _______, and the Court having made its order directing the entry of judgment.

It is ORDERED and ADJUDGED that the (plaintiff recover of thedefendant damages and interest in the sum of _______ and his costs and disbursements taxed and allowed in the sum of _______, making a total judgment in the sum of _______) (plaintiff take nothing, that the action is dismissed on the merits, and that the defendant recover of the plaintiff his costs and disbursements taxed and allowed in the sum of _______).

Dated at _______, North Dakota, this _______ day of _______.

_____________________________________
Clerk of Court

FORM 22. ALLEGATION OF REASON FOR OMITTING PARTY

Tue, 12 Feb 2019 19:08:54 GMT

When it is necessary, under Rule 19(c), for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below:

John Doe named in this complaint is not made a party to this action [because he is not subject to the jurisdiction of this court] or [for reasons stated].

STATE OF NORTH DAKOTA,

County of _______

)
)
)

In District Court

_______ Judicial District

A. B.,	)	CIVIL ACTION FILE
Plaintiff	)	NO. _______
vs.	)	SUGGESTION OF DEATH
C. D.,	)	UPON THE RECORD
Defendant	)	UNDER RULE 25(a)(1)

A.B. [describe as a party, or as executor, administrator, or other representative of successor of C.D., the deceased party] suggests upon the record, pursuant to Rule 25(a)(1), the death of C.D. [describe as party] during the pendency of this action.

FORM 21. REQUEST FOR ADMISSION UNDER RULE 36

Tue, 12 Feb 2019 19:08:14 GMT

Plaintiff A.B. requests defendant C.D. within _______ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:

1. That each of the following documents, exhibited with this request, is genuine.

[Here list the documents and describe each document.]

2. That each of the following statements is true.

[Here list the statements.]

Signed: ________________________
Attorney for Plaintiff

Address: _______________________

FORM 20. MOTION FOR PRODUCTION OF DOCUMENTS, ETC. UNDER RULE 34

Tue, 12 Feb 2019 19:07:31 GMT

Plaintiff A.B. moves the court for an order requiring defendant C.D.

(1) To produce and to permit plaintiff to inspect and to copy each of the following documents:

[Here list the documents and describe each of them.]

(2) To produce and permit plaintiff to inspect and to photograph each of the following objects:

[Here list the objects and describe each of them]

(3) To permit plaintiff to enter [here describe property to be entered ] and to inspect and to photograph [here describe the portion of the real property and the objects to be inspected and photographed ].

(4) To file a verified list of (a) any designated documents, papers, accounts, books, letters, photographs, objects, or tangible things not privileged which are or have been in his possession,custody, or control, relevant to the subject matter of the pending action, whether it relates to the claim or defense of the plaintiff or to the claim or defense of any other party, and (b) the identity and location of persons having knowledge of relevant facts.

Defendant C.D. has the possession, custody, or control of each of the foregoing specified documents and objects and of the above mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit 1 hereto attached.

Defendant C.D. possesses information pertaining to the matters set forth in paragraph (4) above.

Signed: _________________________
Attorney for Plaintiff

Address: __________________________

NOTICE OF MOTION

[Contents the same as in Form 14]

EXHIBIT 1

STATE OF NORTH DAKOTA,

County of _______

)
)
)

A.B., being duly sworn says:

(1) [Here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control.]

(2) [Here set forth all that plaintiff knows which shows that each of the above mentioned items is relevant to some issue in the action.]

[Jurat]

Signed: A.B.

FORM 20. MOTION FOR PRODUCTION OF DOCUMENTS, ETC. UNDER RULE 34

Tue, 12 Feb 2019 19:07:04 GMT

Plaintiff A.B. moves the court for an order requiring defendant C.D.

(1) To produce and to permit plaintiff to inspect, copy, test or sample each of the following documents or electronically stored information:

[Here list the documents and describe each of them.]

(2) To produce and permit plaintiff to inspect and to photograph each of the following objects:

[Here list the objects and describe each of them]

(4) To file a verified list of (a) any designated documents, papers, accounts, books, letters, photographs, sound recordings, images, electronically stored information, objects, or tangible things not privileged which are or have been in the defendant's possession, custody, or control, relevant to the subject matter of the pending action, whether it relates to the claim or defense of the plaintiff or to the claim or defense of any other party, and (b) the identity and location of persons having knowledge of relevant facts.

Defendant C.D. has the possession, custody, or control of each of the foregoing specified documents, electronically stored information and objects and of the above mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit 1 hereto attached.

Defendant C.D. possesses information pertaining to the matters set forth in paragraph (4) above.

Signed: _________________________
Attorney for Plaintiff

Address: __________________________

NOTICE OF MOTION

[Contents the same as in Form 14]

EXHIBIT 1

STATE OF NORTH DAKOTA,

County of _______

)
)
)

A.B., being duly sworn says:

(1) [Here set forth all plaintiff knows that shows defendant has the papers or objects in the defendant's possession or control.]

(2) [Here set forth all plaintiff knows that shows each of the above mentioned items is relevant to some issue in the action.]

[Jurat]

Signed: A.B.

FORM 19. MOTION TO INTERVENE AS A DEFENDANT UNDER RULE 24

Tue, 12 Feb 2019 19:06:18 GMT

A. B.,	)
Plaintiff	)
vs.	)
C. D.,	)	MOTION TO INTERVENE AS
Defendant	)	A DEFENDANT
vs.	)
E. F.,	)
Applicant for Intervention	)

E.F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground (here state them) and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action.

Signed: _____________________
Attorney for E.F.,
Applicant for Intervention

Address: _________________________________

RULES OF CIVIL Procedure

NOTICE OF MOTION

[Contents the same as in Form 14]

A. B.,	)
Plaintiff	)
vs.	)
C. D.,	)	INTERVENER'S ANSWER
Defendant	)
vs.	)
E. F.,	)
Intervener	)

First Defense

Intervener admits the allegations stated in paragraphs _______ and _______ of the complaint;denies the allegations in paragraphs _______ and _______.

Second Defense

[Set forth any defenses.]

Signed: _______________________
Attorney for E.F.,
Intervener

Address: _____________________

FORM 18. THIRD PARTY COMPLAINT UNDER RULE 14(a)

Tue, 12 Feb 2019 19:05:42 GMT

A. B.,	)
Plaintiff	)
vs.	)
C. D.,	)	THIRD PARTY SUMMONS
Defendant and Third-Party Plaintiff	)
vs.	)
E. F.,	)
Third-Party Defendant	)

1. Plaintiff A.B. has filed against C.D. a complaint, a copy of which is hereto attached as "Exhibit A".

2. [Here state the ground upon which C.D. is entitled to recover from E.F., all or part of what A.B. may recover from C.D. The statement should be framed as in an original complaint.]

Wherefore C.D. demands judgment against third-party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B.

Signed: ____________________________
Attorney for C.D.,
Third-Party Plaintiff

Address: ____________________________

FORM 17. THIRD PARTY SUMMONS UNDER RULE 14(a)

Tue, 12 Feb 2019 19:05:07 GMT

STATE OF NORTH DAKOTA,

County of _______

)
)
)

In District Court

_______ Judicial District

A. B.,	)
Plaintiff	)
vs.	)
C. D.,	)	THIRD PARTY SUMMONS
Defendant and Third-Party Plaintiff	)
vs.	)
E. F.,	)
Third-Party Defendant	)

The State of North Dakota to the above-named Third-Party Defendant:

You are hereby summoned and required to appear and defend against the third-party complaint which is herewith served upon you, by serving upon ______, plaintiff's attorney whose address is ______, and upon the undersigned an answer or other proper response thereto to within twenty days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may answer.

Dated _______.

Signed:_________________________________
Attorney for Defendant
and Third-Party Plaintiff

Address: ______________________________

FORM 17. THIRD PARTY SUMMONS UNDER RULE 14(a)

Tue, 12 Feb 2019 19:04:30 GMT

STATE OF NORTH DAKOTA,

County of _______

)
)
)

In District Court

_______ Judicial District

A. B.,	)
Plaintiff	)
vs.	)
C. D.,	)	THIRD PARTY SUMMONS
Defendant and Third-Party Plaintiff	)
vs.	)
E. F.,	)
Third-Party Defendant	)

The State of North Dakota to the above-named Third-Party Defendant:

You are hereby summoned and required to appear and defend against the third-party complaint which is herewith served upon you, by serving upon ______, plaintiff's attorney whose address is ______, and upon the undersigned an answer or other proper response thereto to within twenty-one days after the service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may answer.

Dated _______.

Signed:_________________________________
Attorney for Defendant
and Third-Party Plaintiff

Address: ______________________________

FORM 16. ANSWER TO COMPLAINT SET FORTH IN FORM 7, WITH COUNTERCLAIM FOR INTERPLEADER

Tue, 12 Feb 2019 19:03:31 GMT

Defense

Defendant denies the allegations stated in the complaint to the extent set forth in the counterclaim herein.

Counterclaim for Interpleader

1. Defendant received the sum of one thousand dollars as a deposit from E.F.

2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F.

3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit.

Wherefore defendant demands:

(1) That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim.

(2) That the court order the plaintiff and E.F. to interplead their respective claims.

(3) That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money.

(4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money.

(5) That the court award to the defendant its costs and disbursements.

STATE OF NORTH DAKOTA,

County of _______

)
)
)

In District Court

_______ Judicial District

A. B.,	)
Plaintiff	)
vs.	)	CIVIL ACTION FILE
C. D.,	)	NUMBER _______
Defendant and	)
Third-Party Plaintiff	)	MOTION TO BRING IN
vs.	)	THIRD PARTY DEFENDANT
E. F.,	)
Third-Party Defendant	)

Defendant moves for leave, as third-party plaintiff, to cause to be served upon E.F. a summons and third party complaint, copies of which are hereto attached as Exhibit X.

Signed: _______________________________
Attorney for Plaintiff

Address: ______________________________

NOTICE OF MOTION

(Contents the same as in Form 14. The notice should be addressedto all parties to the action.)

EXHIBIT X

(Contents the same as in Form 17 and 18.)

FORM 15. ANSWER PRESENTING DEFENSES UNDER RULE 12(b)

Tue, 12 Feb 2019 19:02:56 GMT

First Defense

The complaint fails to state a claim against defendant upon which relief can be granted.

Second Defense

If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G.H. G.H. is alive; is a citizen and resident of this state; is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party, but has not been made one.

Third Defense

Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.

Fourth Defense

The claim set forth in the complaint did not accrue within six years next before the commencement of this action.

Counterclaim

[Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint.]

Cross-Claim Against Defendant M. N.

[Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.]

FORM 14. MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS, AND OF LACK OF JURISDICTION UNDER RULE 12(b)

Tue, 12 Feb 2019 19:02:24 GMT

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds: (Here state reasons, such as, (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of North Dakota, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit 1 and Exhibit 2 respectively).

3. To dismiss the action on the ground that the court lacks jurisdiction because [no justiciable controversy is presented, or as the case may be].

Signed: _____________________________
Attorney for Defendant

Address: _____________________________

NOTICE OF MOTION

To: __________________________________________
Attorney for Plaintiff

Please take notice, that the undersigned will bring the above motion on for hearing before the court, in the court house in the City of _______ on the _______ day of _______, 19__, at __ o'clock in the [forenoon] [afternoon] or as soon thereafter as counsel can be heard.

Signed: _________________________________
Attorney for Defendant

Address: _______________________________

FORM 13. COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF

Tue, 12 Feb 2019 19:01:48 GMT

1. On or about June 1, 1953, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of ten thousand dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1953, and annually thereafter as a condition precedent to its continuance in force.

2. No part of the premium due June 1, 1953, was ever paid and the policy ceased to have any force or effect on July 1, 1953.

3. Thereafter, on September 1, 1953, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding.

4. Defendant C.D. is the duly appointed and acting executor of the will of G.H.; defendant E.F. is the duly appointed and acting executor of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L.

5. Each of defendants, C.D., E.F., and X.Y., is claiming that the above-mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof.

6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H.

Wherefore plaintiff demands that the court adjudge:

(1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof.

(2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof.

(3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.

(4) That plaintiff recover its costs and disbursements.

FORM 12. COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE UNDER RULE 18(b)

Tue, 12 Feb 2019 19:01:16 GMT

A. B.,	Plaintiff	) )
vs.		)	COMPLAINT
C. D. and E. F.,	Defendants	) )

1. Defendant C.D. on or about _______ executed and delivered to plaintiff a promissory note [in the following words and figures: (here set out the note verbatim)]; [a copy of which is hereto annexed as Exhibit 1]; [whereby defendant C.D. promised to pay to plaintiff or order on the sum of five thousand dollars with interest thereon at the rate of percent per annum].

2. Defendant C.D. owes to plaintiff the amount of said note and interest.

3. Defendant C.D. on or about conveyed all his property, real and personal [or specify and describe] to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to.

Wherefore plaintiff demands:

(1) That plaintiff have judgment against defendant C.D. for five thousand dollars and interest;(2) that the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs and disbursements.

FORM 11. COMPLAINT FOR SPECIFIC PERFORMANCE OF CONTRACT TO CONVEY LAND

Tue, 12 Feb 2019 19:00:39 GMT

1. On or about December 1, 1953, plaintiff and defendant entered into an agreement in writing a copy of which is hereby annexed as Exhibit 1.

2. In accordance with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance.

3. Plaintiff now offers to pay the purchase price.

Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of ten thousand dollars.

FORM 10. COMPLAINT FOR CONVERSION

Tue, 12 Feb 2019 19:00:06 GMT

1. On or about December 1, 1953, defendant converted to his own use ten bonds of the _______ Company [here insert brief identification as by number and issue] of the value of one thousand dollars, the property of plaintiff.

Wherefore plaintiff demands judgment against defendant in the sum of one thousand dollars, interest, costs, and disbursements.

FORM 9. COMPLAINT FOR NEGLIGENCE WHERE PLAINTIFF IS UNABLE TO DETERMINE DEFINITELY WHETHER THE PERSON RESPONSIBLE IS C.D. OR E.F. OR WHETHER BOTH ARE RESPONSIBLE AND WHERE HIS EVIDENCE MAY JUSTIFY A FINDING OF WILFULNESS OR OF RECKLESSNESS OR OF NEGLIGENCE

Tue, 12 Feb 2019 18:59:31 GMT

A. B.,	Plaintiff	) )
vs.		)	COMPLAINT
C. D. and E. F.,	Defendants	) )

1. On June 1, 1953, in a public highway called Thayer Avenue in Bismarck, North Dakota, defendant C.D. or defendant E.F., or both defendants C.D. and E.F. wilfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway.

2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars.

Wherefore plaintiff demands judgment against C.D. or against E.F. or against both in the sum of ten thousand dollars and costs and disbursements.

FORM 8. COMPLAINT FOR NEGLIGENCE

Tue, 12 Feb 2019 18:58:53 GMT

1. On June 1, 1953, in a public highway called Thayer Avenue, in Bismarck, North Dakota, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway.

Wherefore plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs and disbursements.