TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 7, 2008
RE: Rule 20, N.D.R.Civ.P., Permissive Joinder of Parties
Staff has prepared amendments to Rule 20 consistent with the federal form and style amendments. The amendments are intended make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
In the draft proposal attached, a reference to Rule 54(b) in the rule text is removed. The revised language seems broad enough to allow the court to provide relief under Rule 54(b) if such relief is appropriate. The Supreme Court has set a high standard for Rule 54(b) certification, so it would likely be a rare case in which such relief was granted. See Nadak Mutual v. Kosmatka, 2000 ND 210, 619 N.W.2d 852.