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Rule 18 – Joinder of Claims and Remedies

May 14, 2021 | Civil Procedure, North Dakota

(a) In General. A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
(b) Joinder of Contigent Claims. A party may join two or more claims even though one of them is contingent on the disposition of another; but the court may grant relief only in accordance with the parties’ relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money. This rule does not permit the joinder of a liability or indemnity insurance carrier in a tort case, unless the carrier is by law or contract directly liable to the person injured or damaged.

N.d. R. Civ. P. 18

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.

EXPLANATORY NOTE 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 theDecember 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. STATUTES AFFECTED: SUPERSEDED: Section 28-0703, NDRC 1943.

Rules 8 (General Rules of Pleading), 13(Counterclaim and Cross-Claim),14 (Third-Party Practice), and 42 (Consolidation-Separate Trials), N.D.R.Civ.P.