RULE 57. DECLARATORY JUDGMENTS

Effective Date: 3/1/2011

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 derived from Fed.R.Civ.P. 57.

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; Fed.R.Civ.P. 57.

CROSS REFERENCE: N.D.R.Civ.P. 38 (Jury Trial of Right) and N.D.R.Civ.P. 39 (Trial by Jury or by the Court).

Effective Date Obsolete Date
03/01/2011 View
11/30/1979 03/01/2011 View