RULE 57. DECLARATORY
S The procedure for obtaining a declaratory judgment
pursuant to Chapter 32-23, N.D.C.C.,
shall be in accordance with these rules, and the right to trial by jury may be demanded under
the circumstances and in the manner provided in Rules 38 and 39. The existence of another
adequate remedy does not preclude a judgment for declaratory relief in cases where it is
appropriate. The court may order a speedy hearing of an action for a declaratory judgment
and may advance it on the calendar.
These rules govern the procedure for obtaining a declaratory judgment under N.D.C.C. Chapter 32-23. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.
Rule 57 was amended, effective March 1, 2011.
Rule 57 is
identical to Rule
57, FRCivP, except for reference to the appropriate provisions
of the North Dakota Century Code instead of the United States Code derived
Rule 57 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.
Sources: Joint Procedure Committee
Minutes of January 28-29, 2010, pages 9-10;
November 29-30, 1979, page 17;
57 , FRCivP.
Rules N.D.R.Civ.P. 38 (Jury Trial of Right) and
N.D.R.Civ.P. 39 (Trial
by Jury or by the Court) , N.D.R.Civ.P.