[Amended effective March 1, 2011.]
[Amended effective March 1, 1990; March 1, 1994; January 1, 2001; March 1, 2025.] Rules Civ. Proc., Table A, ND R RCP Table A garcia griego, paz 4/16/2026 For Educational Use Only TABLE B. List of Statutes Superseded, ND R RCP Table B © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Tables Table B, N.D.R.Civ.P. TABLE B. List of Statutes Superseded Currentness N.D.C.C. Statute Superseded Rule § 27-05-07……………………………………………………………………………………………….. 77 § 28-01.1-03…………………………………………………………………………………………….. 8 Ch. 28-06………………………………………………………………………………………………… 4 Ch. 28-06.1……………………………………………………………………………………………… 4 § 28-14-05……………………………………………………………………………………………….. 47 § 28-18-01……………………………………………………………………………………………….. 46 § 28-18-03……………………………………………………………………………………………….. 46 § 28-18-06……………………………………………………………………………………………….. 50, 59 § 28-18-09……………………………………………………………………………………………….. 59 § 28-27-27……………………………………………………………………………………………….. 59
[Amended effective March 1, 2011.] Rules Civ. Proc., Table B, ND R RCP Table B garcia griego, paz 4/16/2026 For Educational Use Only Introductory Statement, ND R RCP Introduction © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Introduction, N.D.R.Civ.P. Introductory Statement Currentness 1. The following forms are intended for illustration only. They are limited in number. No attempt is made to furnish a manual of forms. 2. Except where otherwise indicated, each pleading, motion, and other paper should have a caption similar to that of the summons, with the designation of the particular paper substituted for the word “SUMMONS.” In the caption of the summons and in the caption of the complaint all parties must be named, but in other pleadings and papers it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See Rules 4(a), 7(b)(2), 10(a). 3. Each pleading, motion, and other paper is to be signed in his individual name by at least one attorney of record (Rule 11).
The attorney’s name is to be followed by his address as indicated in Form 2. In forms following Form 2 the signature and address are not indicated. 4. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney. Rules Civ. Proc., Introduction, ND R RCP Introduction garcia griego, paz 4/16/2026 For Educational Use Only FORM 1. Summons, ND R RCP Form 1 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 1, N.D.R.Civ.P. FORM 1. Summons Currentness STATE OF NORTH DAKOTA, ) ) In District Court County of _______. ) _______ 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-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 complaint. Dated _______ Signed: ……………………………………………………………………………………………………………………………………………………………………. Signed: Attorney for Plaintiff Address: …………………………………………………………………………………………………………………………………………………………………..
[Amended effective March 1, 1996; March 1, 2011.] garcia griego, paz 4/16/2026 For Educational Use Only FORM 1. Summons, ND R RCP Form 1 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 2
Rule 86 was amended, effective March 1, 2011.
The North Dakota Rules of Civil Procedure originally took effect on July 1, 1957.
Subdivision (a) is derived from Fed.R.Civ.P. 86(a). Amendments to the rules are effective as prescribed by Section 12, Rule on Procedural Rules, Administrative Rules and Administrative Orders of the North Dakota Supreme Court (N.D.R.Proc.R.), and Section 27 02 14, N.D.C.C. The effective date of amendments to Fed.R.Civ.P. is governed by 18 U.S.C. Section 2072, with exceptions made by Congress. Article VI, Section 3 [formerly Section 87] of the North Dakota Constitution, and Section 27-02-09, N.D.C.C ., authorize the Supreme Court to promulgate rules of procedure and supersede procedural statutes. The superseding is accomplished by subdivision (b).
Rule 86 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.
Joint Procedure Committee Minutes of January 28-29, 2010, pages 24-25; December 11-12, 1980, page 7; January 17-18, 1980, page 12; Fed.R.Civ.P. 86(a).
N.D.R.Proc.R. § 12 (Effective Date). garcia griego, paz 4/16/2026 For Educational Use Only Table A. Special Statutory Proceedings Under Rule 81, ND R RCP Table A © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Tables Table A, N.D.R.Civ.P. Table A. Special Statutory Proceedings Under Rule 81 Effective: March 1, 2025 Currentness The following is a nonexclusive list of statutes pertaining to special procedures. North Dakota Century Code 10-19.1………………………………………………………………….. North Dakota Business Corporation Act– Dissolution 14-07-12 to 14-07-14 ……………………………………………… Transfer of Property When Spouse Abandoned or Imprisoned 14-12.2………………………………………………………………….. Uniform Interstate Family Support Act 14-15…………………………………………………………………….. Revised Uniform Adoption Act 14-20…………………………………………………………………….. Uniform Parentage Act 16.1-01-08……………………………………………………………… Correcting Errors on Ballots 16.1-16………………………………………………………………….. Contest of Elections 18-01-18 to 18-01-27 ……………………………………………… Proceedings to Abate Fire Hazards 27-10…………………………………………………………………….. Contempts 27-20.1………………………………………………………………….. Guardianship of a Child 27-20.2………………………………………………………………….. Juvenile Court Act 27-20.3………………………………………………………………….. Child Welfare 27-20.4………………………………………………………………….. Delinquency Title 30.1……………………………………………………………….. Uniform Probate Code 32-15…………………………………………………………………….. Eminent Domain 32-16…………………………………………………………………….. Action for Partition of Real Property 32-17…………………………………………………………………….. Actions to Quiet Title and Determine Claims to Real Estate garcia griego, paz 4/16/2026 For Educational Use Only Table A. Special Statutory Proceedings Under Rule 81, ND R RCP Table A © 2026 Thomson Reuters. No claim to original U.S. Government Works. 2 32-18…………………………………………………………………….. Cancellation of Land Contracts 32-19…………………………………………………………………….. Foreclosure of Real Estate Mortgage by Action 32-20…………………………………………………………………….. Foreclosure of Liens on Personal Property 32-22…………………………………………………………………….. Habeas Corpus 32-26…………………………………………………………………….. Administration of Assignment for Benefit of Creditors 32-27…………………………………………………………………….. Establishing Citizenship 32-28…………………………………………………………………….. Change of Names of Persons and Places 32-29.3………………………………………………………………….. Uniform Arbitration Act 32-30…………………………………………………………………….. Proceedings Against Joint Debtors 32-31…………………………………………………………………….. Foreclosure of Tax Liens 32-32…………………………………………………………………….. Special Proceedings, General Provisions 32-33…………………………………………………………………….. Writ of Certiorari 32-34…………………………………………………………………….. Writ of Mandamus 32-35…………………………………………………………………….. Writ of Prohibition 32-37…………………………………………………………………….. Establishing Date and Place of Birth 40-47-11………………………………………………………………… Determination of Board of Adjustment Reviewable 40-51.2-15……………………………………………………………… Review of Determination of Commission by Certiorari 57-30…………………………………………………………………….. Action by County to Quiet Title 60-06…………………………………………………………………….. Public Warehouses on Railroad Right-of-Way
Appendix A (Summons in Action for Divorce or Separation) N.D.R.Ct. Rules Civ. Proc., Form 1, ND R RCP Form 1 garcia griego, paz 4/16/2026 For Educational Use Only FORM 2. Complaint on a Promissory Note, ND R RCP Form 2 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 2, N.D.R.Civ.P. FORM 2. Complaint on a Promissory Note Currentness 1. Defendant on or about June 1, 1952, executed and delivered to the 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 promised to pay to plaintiff or order on June 1, 1953, the sum of one thousand dollars with interest thereon from _______ at the rate of six percent per annum). 2. Defendant owes to plaintiff the amount of said note and interest. Wherefore plaintiff demands judgment against defendant for the sum of one thousand dollars, interest, costs, and disbursements. Signed: ……………………………………………………………………………………………………………………………………………………………………. Signed: Attorney for Plaintiff Address: ………………………………………………………………………………………………………………………………………………………………….. Rules Civ. Proc., Form 2, ND R RCP Form 2 garcia griego, paz 4/16/2026 For Educational Use Only FORM 3. Complaint on an Account, ND R RCP Form 3 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 3, N.D.R.Civ.P. FORM 3. Complaint on an Account Currentness 1. Defendant owes plaintiff one thousand dollars according to the account hereto annexed as Exhibit 1. Wherefore (etc., as in Form 2). Rules Civ. Proc., Form 3, ND R RCP Form 3 garcia griego, paz 4/16/2026 For Educational Use Only FORM 4. Complaint for Goods Sold and Delivered, ND R RCP Form 4 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 4, N.D.R.Civ.P. FORM 4. Complaint for Goods Sold and Delivered Currentness 1. Defendant owes plaintiff one thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1953, and December 1, 1953. Wherefore (etc., as in Form 2). Rules Civ. Proc., Form 4, ND R RCP Form 4 garcia griego, paz 4/16/2026 For Educational Use Only FORM 5. Complaint for Money Lent, ND R RCP Form 5 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 5, N.D.R.Civ.P. FORM 5. Complaint for Money Lent Currentness 1. Defendant owes plaintiff one thousand dollars for money lent by plaintiff to defendant on June 1, 1953. Wherefore (etc., as in Form 2). Rules Civ. Proc., Form 5, ND R RCP Form 5 garcia griego, paz 4/16/2026 For Educational Use Only FORM 6. Complaint for Money Paid by Mistake, ND R RCP Form 6 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 6, N.D.R.Civ.P. FORM 6. Complaint for Money Paid by Mistake Currentness 1. Defendant owes plaintiff one thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1953, under the following circumstances: (here state the circumstances with particularity–see Rule 9(b) ). Wherefore (etc., as in Form 2). Rules Civ. Proc., Form 6, ND R RCP Form 6 garcia griego, paz 4/16/2026 For Educational Use Only FORM 7. Complaint for Money Had and Received, ND R RCP Form 7 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 7, N.D.R.Civ.P. FORM 7. Complaint for Money Had and Received Currentness 1. Defendant owes plaintiff one thousand dollars for money had and received from one G. H. on June 1, 1953, to be paid by defendant to plaintiff. Wherefore (etc., as in Form 2). Rules Civ. Proc., Form 7, ND R RCP Form 7 garcia griego, paz 4/16/2026 For Educational Use Only FORM 8. Complaint for Negligence, ND R RCP Form 8 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 8, N.D.R.Civ.P. FORM 8. Complaint for Negligence Currentness 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. 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 defendant in the sum of ten thousand dollars and costs and disbursements. Rules Civ. Proc., Form 8, ND R RCP Form 8 garcia griego, paz 4/16/2026 For Educational Use Only FORM 9. Complaint for Negligence Where Plaintiff Is Unable to…, ND R RCP Form 9 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 9, N.D.R.Civ.P. 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 Currentness 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. Rules Civ. Proc., Form 9, ND R RCP Form 9 garcia griego, paz 4/16/2026 For Educational Use Only FORM 10. Complaint for Conversion, ND R RCP Form 10 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 10, N.D.R.Civ.P. FORM 10. Complaint for Conversion Currentness 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. Rules Civ. Proc., Form 10, ND R RCP Form 10 garcia griego, paz 4/16/2026 For Educational Use Only FORM 11. Complaint for Specific Performance of Contract to…, ND R RCP Form 11 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 11, N.D.R.Civ.P. FORM 11. Complaint for Specific Performance of Contract to Convey Land Currentness 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. Rules Civ. Proc., Form 11, ND R RCP Form 11 garcia griego, paz 4/16/2026 For Educational Use Only FORM 12. Complaint on Claim for Debt and to Set Aside…, ND R RCP Form 12 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) Appendix of Forms Form 12, N.D.R.Civ.P. FORM 12. Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Rule 18(b) Currentness 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. Rules Civ. Proc., Form 12, ND R RCP Form 12