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Rule 18.Joinder of Claims and Remedies

Group IV: Parties · Last amended March 1, 2011 · Last verified July 15, 2026

In one sentenceRule 18 lets a party join as many independent or alternative claims as it has against an opposing party in a single action, including claims that are contingent on one another, but it does not let a plaintiff join a liability or indemnity insurer in a tort case unless that insurer is directly liable to the injured person.

Full Text of Rule 18

Text sizeJump to: (a) (b)

(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 contingent 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.

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 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.

Plain-English Summary

Rule 18(a) removes any need for related claims before joining them: a party asserting a claim, counterclaim, crossclaim, or third-party claim may join as many independent or alternative claims as it has against an opposing party, whether or not they share any connection to one another.

Rule 18(b) goes further, allowing a party to join even a claim that is contingent on how another claim comes out — though the court can grant relief only in a way consistent with the parties' actual substantive rights. The rule gives its own example: a plaintiff may combine a claim for money with a claim to set aside a conveyance that's fraudulent as to that plaintiff, without first having to win a judgment on the money claim. The rule draws one firm boundary, though: it does not permit joining a liability or indemnity insurance carrier as a party in a tort case, unless that carrier is directly liable by law or contract to the person who was injured or suffered damage.

Frequently Asked Questions

Can I bring unrelated claims against the same defendant in one lawsuit?

Yes. Rule 18(a) allows a party to join as many independent or alternative claims as it has against an opposing party, without any requirement that the claims relate to one another.

Can I join a claim that depends on how another claim in the same case turns out?

Yes. Rule 18(b) permits joining a claim that is contingent on the disposition of another, though the court can grant relief only in line with the parties' actual substantive rights.

Does joining claims under Rule 18 change what relief I can recover?

No. Rule 18(b) makes clear the court may grant relief only in accordance with the parties' relative substantive rights — joinder is a procedural convenience, not a way to expand underlying rights.

Can I sue a defendant's insurance company directly in a tort case under Rule 18?

Generally not. Rule 18(b) bars joining a liability or indemnity insurance carrier as a party in a tort case, unless that carrier is directly liable by law or contract to the person injured or damaged.

Do my joined claims have to arise from the same transaction or occurrence?

No. Unlike some other joinder rules, Rule 18(a) doesn't require any factual connection between the claims a party joins against the same opposing party.

Source & verification. Rule text and the Explanatory Note are reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the Supreme Court of North Dakota. Last verified July 15, 2026. · Official source
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