RULE 83. PRACTICE WHEN PROCEDURE IS NOT SPECIFIED
(a) Local Rules.
Under the North Dakota Local Court Rules ( NDLocalCtR
N.D.R. Local Ct. P.R.), each judicial district may from time to
time make adopt and amend
rules governing practice in all of the courts in that judicial district not inconsistent with these
rules or other rules prescribed adopted by the Supreme Court.
Upon On adoption of any local
rule it shall must be referred to the Clerk of the Supreme Court
for referral to the appropriate
standing committee under Section 8, Rule on Procedural Rules, Administrative Rules and
Administrative Orders of the North Dakota Supreme Court ( NDRPR
study and for recommendations to the Supreme Court for continuance,
rejection, or adoption
as a statewide rule.
(b) Regulation by District Court. In all cases not provided
for by rule or statute the district
court may regulate its practice in any proceeding properly before it in any manner not
inconsistent with rules adopted by the court
pursuant to under
NDLocalCtR N.D.R. Local
Ct. P.R. or by the Supreme Court or with any applicable statute.
Rule 83 was amended, effective March 1, 2011.
Rule 83 permits local rules within each judicial district only if they are
to under North Dakota Local Court Rules ( NDLocalCtR N.D.R.
Local Ct. P.R.). All local
rules heretofore adopted are hereby abrogated.
All local rules must be consistent with rules adopted by the Supreme Court.
Local rules may be adopted without prior Supreme Court approval.
However, any adopted
local rule must be referred to the Clerk of the Supreme Court (
N.D.R. Local Ct.
7.2 NDLocalCtR) for referral to the appropriate Supreme Court advisory
Section 8, NDRPR N.D.R.Proc.R.. Supreme Court advisory
committees will study the
referred rule and make appropriate recommendations to the Supreme Court. The Supreme
Court may adopt the local rule as a statewide rule, or may permit the district to continue the
rule as a local rule, or may prohibit the district from continuing to use the local
Rule 83 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 23-24;
Fed.R.Civ.P. 83 FRCivP; North Dakota Local Court Rules
( NDLocalCtR N.D.R. Local Ct.
Rule N.D.R.Crim.P. 57 (Practice When Procedure Not
N.D.R.Crim.P.; Rule Fed.R.Civ.P. 83