RULE 86. EFFECTIVE DATES-STATUTES SUPERSEDED
(a) Effective Date and Application in Pending Proceedings.
These rules will take effect on
July 1, 1957. They govern all proceedings and actions brought after they take effect, and also
all further proceedings in actions then pending, except to the extent that in the opinion of the
court their application in a particular action pending when the rules take effect would not be
feasible, or would work injustice, in which event the procedure existing at the time the action
was brought applies.
These rules and any amendments take effect on the date ordered by the Supreme Court. They govern:
(1) proceedings in an action commenced after their effective date; and
(2) proceedings after that date in an action then pending unless:
(A) the Supreme Court orders otherwise; or
(B) the district court determines that applying them in a particular action would be infeasible or work an injustice.
(b) Statutes Superseded.
Upon the taking effect of these
rules all statutes and parts of
statutes in conflict herewith and the statutes listed in Table B are suspended in respect of
practice and procedure in the district courts.
On the effective date of these rules and any amendments to these rules, all statutes and rules, or portions of statutes or rules, in conflict with these rules or any amendments to these rules are superseded. If a statute is superseded by a rule, it will be listed in the rule's explanatory note and in Table B.
Rule 86 was amended, effective March 1, 2011.
The North Dakota Rules of Civil Procedure originally took effect on July 1, 1957.
Subdivision (a) is
identical to derived
from Rule Fed.R.Civ.P. 86(a) , FRCivP, except
the actual effective date of the original rules. Amendments to the rules are effective as
prescribed by Section 12, Rule on Procedural Rules, Administrative Rules and
Administrative Orders of the North Dakota Supreme Court ( NDRPR
Section 27 02 14, N.D.C.C. The effective date of amendments to FRCivP
governed by 18 U.S.C. Section 2072, with exceptions made by Congress.
Article VI, Section 3 [formerly Section 87] of the North Dakota Constitution, and Section 27-02-09, N.D.C.C., authorize the Supreme Court to promulgate rules of procedure and supersede procedural statutes. The superseding is accomplished by subdivision (b).
Rule 86 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 24-25;
December 11-12, 1980, page 7; January 17-18, 1980, page 12;
Rule Fed.R.Civ.P. 86(a) ,
Section N.D.R.Proc.R. §12 (Effective Date) ,