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

Effective Date: 1/1/1990

Obsolete Date: 3/1/2011

If an order is made in favor of a person who is not a party to the action, that person may enforce obedience to the order by the same process as if a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, that person is liable to the same process for enforcing obedience to the order as if 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

 

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Description: An application error occurred on the server. The current custom error settings for this application prevent the details of the application error from being viewed remotely (for security reasons). It could, however, be viewed by browsers running on the local server machine.

Details: To enable the details of this specific error message to be viewable on remote machines, please create a <customErrors> tag within a "web.config" configuration file located in the root directory of the current web application. This <customErrors> tag should then have its "mode" attribute set to "Off".


<!-- Web.Config Configuration File -->

<configuration>
    <system.web>
        <customErrors mode="Off"/>
    </system.web>
</configuration>

Notes: The current error page you are seeing can be replaced by a custom error page by modifying the "defaultRedirect" attribute of the application's <customErrors> configuration tag to point to a custom error page URL.


<!-- Web.Config Configuration File -->

<configuration>
    <system.web>
        <customErrors mode="RemoteOnly" defaultRedirect="mycustompage.htm"/>
    </system.web>
</configuration>