TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2011
RE: Rule 65, N.D.R.Civ.P., Injunctions
Rule 65 came before the Committee at the January 2011 meeting. The Committee discussed and made amendments to a proposal to amend Rule 65 to supersede North Dakota's injunction procedure statutes. The proposal was developed by a subcommittee consisting of Mr. Boschee, Mr. Plambeck and Judge Reich.
The subcommittee has reviewed the Committee's work on the Rule 65 proposal and has submitted further amendments intended to clean up the proposal. A copy of the amended Rule 65 proposal is attached along with a memorandum from Mr. Boschee explaining the new amendments.
At the January meeting, the Committee decided to delete a subdivision of the proposal dealing with presentation of injunction motions to multiple judges. The Committee instructed staff to draft an alternate subdivision requiring parties to include information in their injunction motions on previous attempts to obtain an injunction. Staff has drafted a proposed subdivision that would require a statement of the case as part of an injunction motion. This draft subdivision is based on the statement of the case provision in N.D.R.App.P. 28.
The subcommittee and staff both provided additional language for the proposal's explanatory note. Once the Committee approves a final version of the proposal, it will be possible to add more detailed source material to the note.