At the January meeting, staff was directed to research statutory procedure on
injunctions and restraining orders, and incorporate the procedures into Rule 65. Much of the
statutory procedure is contained in Chapters 32-05 and 32-06 of the North Dakota Century
Code.
The following list shows how the provisions of N.D.C.C. Chapters 32-05 and 32-06
correspond with proposed Rule 65.
65(a)(1) - 32-06-01 and 32-06-02
65(a)(2) - 32-05-05
65(a)(3) - 32-06-03
65(a)(4) - 32-06-04
65(a)(5) - 32-06-05
65(a)(6) - 32-06-06
65(a)(7) - 32-06-08 65(a)(8) - 32-06-09 and 32-06-10
65(b) - 32-05-04
65(c)(1) - 32-06-07
65(c)(2) - 32-06-11
Chapter 34-08, Labor Disputes and Proceedings Therein, N.D.C.C., also contains
provisions regarding restraining orders and injunctions. Some of these provisions are based
on a federal law, the Norris-LaGuardia Act. City of Minot v. General Drivers and Helpers
Union No. 74 of Minot, 142 N.W.2d 612, 615-616 (N.D. 1966). Federal Civil Rule 65 does
not govern the procedure regarding restraining orders and injunctions in labor disputes. See
Fed.R.Civ.P. 65(e)(1). Therefore, no provisions from N.D.C.C. Chapter 34-08 were
incorporated into proposed Rule 65. The Committee may wish to incorporate those
provisions into Rule 65.
The proposed amendments to Rule 65 are attached along with copies of Fed.R.Civ.P.
65, and N.D.C.C. Chapters 32-05, 32-06, and 34-08.