RULE 1. SCOPE AND PURPOSE OF RULESThese rules govern the procedure in
Rule 1 was amended, effective March 1, 1996; March 1, 2011.
Rule 1 is an adaptation of
Fed.R.Civ.P. 1 , FRCivP, with changes made only to
conform to the court system of North Dakota.
Rule 1 was amended, effective March 1, 1996, to track the 1993
rules have been made applicable by statute to probate guardianship matters [N.D.C.C. §
Rule 1 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
As will become readily apparent from a reading of
these These rules , they are the Federal
Rules of Civil Procedure adapted , insofar as practicable, to state practice.
notes attempt to point out the deviations from the federal rules. Where there is no significant
deviation, annotations to the federal rules may be useful , as the North Dakota
has said in several cases. See, for example, Unemployment Compensation
Bjornsrud, 261 N.W.2d 396, 398 (N.D. 1977): "* * * when we adopted the Federal Rules of Civil
Procedure we did so with knowledge
of the interpretations placed upon them by the Federal courts, and although we are not
compelled to follow these interpretations, they are highly persuasive and, in the interest of
uniform interpretation, we should be guided by them."
Sources: Joint Procedure Committee Minutes of January 24,
2008, page 14; September 29-30, 1994, page 23; April 26, 1984, page 29; September
20-21, 1979, pages 2-3;
FRCiv.P. Fed.R.Civ.P. 1.
Considered: N.D.C.C. § 30.1-02-04.