RULE 57. PRACTICE WHEN PROCEDURE NOT SPECIFIED
In all cases not provided for by rule or statute,
the a court may regulate its practice in any proceeding properly before it in any manner not inconsistent consistent with rules adopted by the supreme court or any applicable statute. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in a rule adopted by the supreme court or in any applicable statute unless the alleged violator was furnished with actual notice of the requirement before the noncompliance.
Rule 57 was amended, effective ________________.
Rule 57 is adapted from Fed.R.Crim.P. 57(b).
Unlike Fed.R.Crim.P. 57(a), this rule does not allow the district courts to make
"local " rules. Each court does have Instead, a court has authority to regulate its practice to allow for justice in a particular case. See Wright § Miller, Federal Practices and Procedure: Civil § 3155. The North Dakota Rule on Local Court Procedural Rules and Administrative Rules provides a mechanism for adoption of local court rules.
Rule 57 was amended, effective_________________, to bar courts from imposing sanctions or punishments for violations of noncodified individual court requirements, unless the court gives prior notice of these requirements. The amendment was based on the language of Fed.R.Crim.P. 57(b).
Rule 57 was amended, effective ______________, in response to the December 1, 2002, revision of the Federal Rules of Criminal 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 ______________ pages ______; September 18-19, 1980, page 18; March 27-28, 1980, page 3; April 24-26, 1973, page 18; February 20-23, 1973, pages 3-4; May 6-7, 1971, pages 11-13 and 16-18; Fed.R.Crim.P. 57;
8A Moore's Federal Practice, Chapter 57 (Cipes 2d Ed. 1971); Section 86, North Dakota Constitution.
CONSIDERED: N.D.C.C. §§ 27-02-05.1, 27-02-08, 27-02-09, 27-02-10, 27-02-11, 27-02-12, 27-02-13, 27-02-14, 27-02-15.
CROSS REFERENCE: N.D.R. Local Ct.P.R.§§ 1-15.