RULE 1. SCOPE AND PURPOSE OF RULES
These rules govern the procedure in
the district courts in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions all civil actions and proceedings in district court, except as stated in Rule 81. They shall should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 1 was amended, effective_____________.
Rule 1 is an adaptation of
Rule Fed.R.Civ.P. 1 , FRCivP, with changes made only to conform to the court system of North Dakota.
Rule 1 was amended, effective March 1, 1996, to track the 1993 federal amendment.
These rules have been made applicable by statute to probate guardianship matters [N.D.C.C. § 30.1-02-04].
Rule 1 was amended, effective _______________, 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.
As will become readily apparent from a reading of these These rules , they are the Federal Rules of Civil Procedure adapted , insofar as practicable, to state practice. These explanatory notes attempt to point out the deviations from the federal rules. Where there is no significant deviation, annotations to the federal rules may be useful , as the North Dakota Supreme Court has said in several cases. See, for example, Unemployment Compensation Division v. Bjornsrud, 261 N.W.2d 396, 398 (N.D. 1977): "* * * when we adopted the Federal Rules of Civil Procedure we did so with knowledge of the interpretations placed upon them by the Federal courts, and although we are not compelled to follow these interpretations, they are highly persuasive and, in the interest of uniform interpretation, we should be guided by them."
Sources: Joint Procedure Committee Minutes of _______________; September 29-30, 1994, page 23; April 26, 1984, page 29; September 20-21, 1979, pages 2-3;
Rule 1, FRCiv.P. Fed.R.Civ.P. 1.
Considered: N.D.C.C. § 30.1-02-04.