RULE 81. APPLICABILITY
RULES IN GENERAL
(a) Special Statutory Proceedings. Special statutory proceedings, whether or not listed in
Table A, are
excepted excluded from these rules insofar
as to the extent they are inconsistent
or in conflict with the procedure and practice provided by these rules.
(b) Appeals to District Courts. These rules do not supersede the statutory
statutes relating to appeals to or review by the district courts, but shall
must govern the
procedure and practice relating thereto insofar as to the extent these
rules are not inconsistent
in conflict with such the statutes.
(c) Rules Incorporated Into Statutes.
Where any If a
statute heretofore or hereafter enacted,
whether or not listed in Table A, provides that any act in a civil proceeding shall be done in
the manner provided by law or as in a civil action, such the act
shall must be done in
accordance with according to these rules.
Rule 81 was amended, effective March 1, 1990; _______________.
Rule 81 serves the same purpose as
81, FRCivP, but deviates completely
as to content and construction.
Subdivision (a) and Table A were both amended, effective March 1, 1990, to clarify that the rule is not limited to special kinds of statutory procedures but rather that it is limited to special statutory proceedings. The word change from procedures to proceedings also cleared up conflicting language in Rule 81(a) in that the term proceedings appears in the headnote but not in the text of the rule.
The North Dakota Supreme Court has held that these rules govern procedures on appeal to district court from a decision of an administrative agency except where applicable statutes are inconsistent with the rules. See Reliance Insurance Company v. Public Service Commission, 250 N.W.2d 918 (N.D. 1977) and Schroeder v. Burleigh County Board of Commissioners, 252 N.W.2d 893 (N.D. 1977).
Rule 81 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.
Sources: Joint Procedure Committee Minutes of January 28-29, 2010, page 23;
1989, page 4; March 24-25, 1988, page 16; September 18-19, 1980, page 14; March 27-28,
1980, pages 9-10; January 17-18, 1980, page 11; Rule Fed.R.Civ.P. 81
Rule N.D.R.Civ.P. 86 (Effective Date Statutes