RULE 10. FORM OF PLEADINGS
Effective Date: 3/1/2007
Obsolete Date: 3/1/2011
(a) Caption-Names of Parties. Every pleading shall contain a caption setting forth the name of the court and the county in which the action is brought, the title of the action, and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of 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.
Whenever a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.
(b) Paragraphs-Separate Statements. All averments of claim or defense shall be made 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 paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by Reference-Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. An exhibit annexed to a pleading is a part thereof for all purposes.
Rule 10 was amended, effective July 1, 1980; March 1, 2007; March 1, 2011; March 1, 2018; March1, 2021.
Rule 10 is adapted from Fed.R.Civ.P. 10.
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.
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.
Subdivision (a) was amended, effective March 1, 2021, to clarify that the responsibility of adding the State to the title belongs to the first party filing a pleading after the State becomes a party in interest.
Subdivision (c) was amended, effective March 1, 2018, to allow a document filed in conjunction with a pleading to become part of the pleading.
SOURCES: Joint Procedure Committee Minutes of September 26, 2019, pages 2-6; September 28, 2017, page 12; November 29-30, 1979, page 4;September 20-21, 1979, pages 7 and 19; Fed.R.Civ.P. 10.
STATUTES AFFECTED:
Considered: N.D.C.C. § 14-09-09.26
CROSS REFERENCE: 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 (Substitution of Parties); N.D.R.Ct. 3.1 (Pleadings).