RULE 71. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

Effective Date: 3/1/2011

If an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

Rule 71 was amended, effective March 1, 1990; March 1, 2011.

Rule 71 derived from Fed.R.Civ.P. 71, and is "* * * intended to assure that process be made available to enforce court orders in favor of and against persons who are properly affected by them, even if they are not parties to the action." Lasky v. Quinlan, 558 F.2d 1133, 1137 (2d Cir. 1977).

As an example, the North Dakota Supreme Court held, in United Accounts, Inc. v. Larson, 121 N.W.2d 628 (N.D. 1963), that a judgment of foreclosure of a lien was enforceable against the original party's assignee who was not made a party to the action. This rule may also be used in conjunction with class actions governed by Rule 23.

Rule 71 was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended.

Rule 71 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, page 22; April 20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, page 8; Fed.R.Civ.P. 71.

Effective Date Obsolete Date
03/01/2011 View
01/01/1990 03/01/2011 View