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burden of proof req.
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Function of Pleadings
2001- Introductory Instructions
C - 1.3
The pleadings of the Parties, that is, the [Complaint [and] [Answer] [and] [Reply] [Counterclaim] [Cross-Claim] [Third-Party Complaint], are not to be considered by you as evidence in this case. The pleadings are merely the means by which the respective parties frame the issues in controversy to be determined by you from all the evidence under these instructions.
 
Meckle v. Hoffman, 78 NW2d 166 (ND 1956)
Reitman v. Whitaker, 23 NW2d 393 (ND 1946)

Federal Jury Practice & Instructions (5th ed.), Instruction if Pleadings Read to or Given to Jury, § 103.32
Note: (2004 - reviewed with no changes)