TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: Dec. 29, 2010
RE: Rule 65, N.D.R.Civ.P., Injunctions
Rule 65 came before the Committee at the January 2010 meeting for form and style amendment as part of the Civil Rules Package. Instead of approving the proposed amendments to the rule, the Committee assigned staff to redraft the rule, incorporating and superseding North Dakota's injunction statutes into the rule.
At the April 2010 meeting, staff brought back a Rule 65 proposal that incorporated North Dakota's injunction statutes. On examining the incorporated statutory language, the Committee concluded that the statutes were inconsistent and anachronistic. A subcommittee - Mr. Boschee, Mr. Plambeck and Judge Reich - was appointed to assist staff in redrafting the rule.
The subcommittee proceeded to draft a new Rule 65 proposal, which is attached. A separate memorandum on the work of the subcommittee submitted by Mr. Boschee, also attached, explains the subcommittee's amendments. A copy of N.D.C.C. ch. 32-06 on injunctions and Fed.R.Civ.P. 65 are also attached for the Committee's reference.