RULE 57. DECLARATORY JUDGMENTS

Effective Date: 11/30/1979

Obsolete Date: 3/1/2011

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.

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