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60-218. Joinder of claims; contingent claims. (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 claims even though one of them is contingent on the disposition of the other, 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; a plaintiff may state in the original claim or an amended petition or in an answer or a reply, a claim to have any release, settlement or discharge of the original claim set aside as fraudulent or wrongfully procured.

History: L. 1963, ch. 303, 60-218; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 85; July 1.

Source or Prior Law:

(a). G.S. 1868, ch. 80, § 83; L. 1909, ch. 182, § 88; R.S. 1923, 60-601.


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