TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 42, N.D.R.Civ.P., Consolidation; Separate Trials
Staff has prepared amendments to Rule 42 based on 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.
The federal rule allows consolidation "to expedite and economize." This language has never been in the N.D. rule and is omitted from the proposal. The existing rule allows the court to direct a judgment under Rule 54(b). This provision is not part of the federal rule and given the Supreme Court's hostility to such judgment, it is not part of the proposed amendments. The Committee may wish to discuss whether any of this omitted language should be made part of the proposal.
The proposed amendments to Rule 42 are attached along with a copy of the amendments
to the federal rule.