An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In North Dakota, a General Form of Complaint, Petition, or Declaration for Enactment is a legal document used to initiate a court proceeding seeking to remove a tenant or occupant from a property. This form is specifically designed for cases involving eviction or enactment and provides an organized structure for presenting the necessary information to the court. The North Dakota General Form of Complaint, Petition, or Declaration for Enactment typically includes the following sections: 1. Caption: This section includes the court's name, case number, and the names of the parties involved in the dispute, such as the plaintiff (landlord) and the defendant (tenant). 2. Allegations: Here, the plaintiff outlines the facts and circumstances of the eviction or enactment, including the reason for seeking the action, such as non-payment of rent, lease violation, or expiration of lease. 3. Jurisdiction and Venue: This portion establishes the court's authority to hear the case and explains why the specific court chosen is the appropriate jurisdiction. 4. Parties: This section provides details about the involved parties, including their names, addresses, and any relevant relationship (e.g., landlord-tenant). 5. Relief Sought: The plaintiff outlines the specific relief being requested from the court, which is typically the eviction or removal of the defendant from the property, as well as any additional claims, such as past due rent, damages, or attorney fees. 6. Certification: This is a statement signed by the plaintiff or their attorney, verifying the accuracy of the information presented in the complaint and attesting that it is being filed in good faith. It's important to note that the exact format and content may vary slightly depending on the local court rules and the specific circumstances of the case. It is advisable to consult the court's guidelines or seek legal guidance to ensure the proper completion of the General Form of Complaint, Petition, or Declaration for Enactment in North Dakota. Different types or variations of the General Form of Complaint, Petition, or Declaration for Enactment in North Dakota may exist depending on the nature of the eviction or enactment case. For instance, there might be specific forms for cases involving non-payment of rent, lease violations, or holdover tenancy after a lease term has ended. These variations allow for a more tailored approach to addressing different eviction situations.
