Find Legal Information

28-07 Pleadings in Civil Actions

Download pdf

CHAPTER 28-07PLEADINGS IN CIVIL ACTIONS[Superseded by North Dakota Rules of Civil Procedure andtransferred to other sections of the code]28-07-01. Forms of pleading. Superseded by N.D.R.Civ.P., Rules 8, 10.28-07-02. Complaint - What to contain. Superseded by N.D.R.Civ.P., Rules 7, 8, 10.28-07-03. Joinder of causes of action. Superseded by N.D.R.Civ.P., Rule 18.28-07-04. Demurrer or answer - Defendant's only pleading - Time for interposing.Superseded by N.D.R.Civ.P., Rules 7, 12.28-07-05.Joint demurrer and answer permitted.Superseded by N.D.R.Civ.P.,Rule 7.28-07-06. When defendant may demur. Superseded by N.D.R.Civ.P., Rules 7, 12.28-07-07. Requisites of demurrer. Superseded by N.D.R.Civ.P., Rules 7, 12.28-07-08.Grounds for demurring taken by answer, when.Superseded byN.D.R.Civ.P., Rules 7, 12.28-07-09. Grounds for demurrer waived unless objection taken by demurrer oranswer - Exception. Superseded by N.D.R.Civ.P., Rules 7, 12.28-07-10. Requisites of answer. Superseded by N.D.R.Civ.P., Rule 8.28-07-11. Offer of fixed damages may be served with answer, when - Effect if offeraccepted. Superseded by N.D.R.Civ.P., Rule 12.28-07-12. Effect if offer of fixed damages rejected. Superseded by N.D.R.Civ.P., Rule12.28-07-13. Sham defenses. Superseded by N.D.R.Civ.P., Rule 12.28-07-14. Requisites of counterclaim. Superseded by N.D.R.Civ.P., Rule 13.28-07-15. Several defenses or counterclaims may be contained in answer - Howstated. Superseded by N.D.R.Civ.P., Rules 8, 10.28-07-16. Reply or demurrer to counterclaim. Superseded by N.D.R.Civ.P., Rules 7,12.28-07-17. Reply to defense by way of avoidance. Superseded by N.D.R.Civ.P., Rule7.28-07-18. Demurrer to reply. Superseded by N.D.R.Civ.P., Rules 7, 12.28-07-19. Supplemental pleading. Superseded by N.D.R.Civ.P., Rule 15.28-07-20. Signing of pleading - Effect - Verification not required - Attorney subjectto disciplinary action. Superseded by N.D.R.Civ.P., Rule 11.Page No. 128-07-21. Pleadings not evidence in criminal action. Repealed by omission from thiscode.28-07-22. Irrelevant matter may be stricken. Superseded by N.D.R.Civ.P., Rule 12.28-07-23.Procedure when defendant's name is unknown.Superseded byN.D.R.Civ.P., Rule 9.28-07-24. Statement of account - Not necessary to plead - Demand for - Giving of -Effect of failure to give. Superseded by N.D.R.Civ.P., Rule 12.28-07-25. Bill of particulars - More definite statement. Superseded by N.D.R.Civ.P.,Rule 12.28-07-26. Pleading a judgment. Superseded by N.D.R.Civ.P., Rule 9.28-07-27. Procedure when judgment on same claim is obtained in another actionduring pendency of present action. Superseded by N.D.R.Civ.P., Rule 15.28-07-28. Pleading conditions precedent. Superseded by N.D.R.Civ.P., Rule 9.28-07-29. Pleading instrument for payment of money. Superseded by N.D.R.Civ.P.,Rule 8.28-07-30. Pleading private statute. Superseded by N.D.R.Civ.P., Rule 9.28-07-31. Complaint in libel or slander. Superseded by N.D.R.Civ.P., Rule 8.28-07-32. Answer in libel or slander. Superseded by N.D.R.Civ.P., Rule 8.28-07-33.Answer to complaint for possession of property distrained doingdamage. Superseded by N.D.R.Civ.P., Rule 8.28-07-34. Pleading over if demurrer overruled. Superseded by N.D.R.Civ.P., Rules 7,12.28-07-35. Amendment of pleading after demurrer to it sustained - Separation ofactions improperly joined. Superseded by N.D.R.Civ.P., Rule 15.28-07-36.Amendment of pleadings as matter of course - Service of amendedpleading. Superseded by N.D.R.Civ.P., Rule 15.28-07-37.Time when amendment of pleading may be permitted - Nature ofamendments allowable. Superseded by N.D.R.Civ.P., Rule 15.28-07-38. Amended complaint - Service of - Time for answer - Default judgment on.Superseded by N.D.R.Civ.P., Rule 15.28-07-39. Pleading or doing act after expiration of the time therefor permissible,when - Order enlarging time. Superseded by N.D.R.Civ.P., Rule 6.28-07-40. Allegations deemed true or denied, when. Superseded by N.D.R.Civ.P.,Rule 8.28-07-41. Liberal construction of pleadings. Superseded by N.D.R.Civ.P., Rule 8.28-07-42. Trivial defects in pleading or proceeding to be disregarded. Supersededby N.D.R.Civ.P., Rules 1, 8.Page No. 228-07-43.Variance material, when - Effect and proof of material variance.Superseded by N.D.R.Civ.P., Rule 15.28-07-44. Immaterial variance - Effect of. Superseded by N.D.R.Civ.P., Rule 15.28-07-45. Variance distinguished from failure of proof. Superseded by N.D.R.Civ.P.,Rule 15.Page No. 3Document Outlinechapter 28-07 pleadings in civil actions