RULE 81. APPLICABILITY OF THE RULES IN GENERAL

Effective Date: 3/1/2011

(a) Special Statutory Proceedings. Special statutory proceedings, whether or not listed in Table A, are excluded from these rules to the extent they are inconsistent or in conflict with the procedure and practice provided by these rules.

(b) Appeals to District Courts. These rules do not supersede the statutory provisions relating to appeals to or review by the district courts, but must govern procedure and practice relating to the extent these rules are not in conflict with the statutes.

(c) Rules Incorporated Into Statutes. If a statute, whether or not listed in Table A, provides that any act in a civil proceeding be done in the manner provided by law or as in a civil action, the act must be done according to these rules.

Rule 81 was amended, effective March 1, 1990; March 1, 2011.

Rule 81 serves the same purpose as Fed.R.Civ.P. 81, but deviates completely as to content and construction.

Subdivision (a) and Table A were both amended, effective March 1, 1990, to clarify that the rule is not limited to special kinds of statutory procedures but rather that it is limited to special statutory proceedings. The word change from procedures to proceedings also cleared up conflicting language in Rule 81(a) in that the term proceedings appears in the headnote but not in the text of the rule.

The North Dakota Supreme Court has held that these rules govern procedures on appeal to district court from a decision of an administrative agency except where applicable statutes are inconsistent with the rules. See Reliance Insurance Company v. Public Service Commission, 250 N.W.2d 918 (N.D. 1977) and Schroeder v. Burleigh County Board of Commissioners, 252 N.W.2d 893 (N.D. 1977).

Rule 81 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 23; April 20, 1989, page 4; March 24-25, 1988, page 16; September 18-19, 1980, page 14; March 27-28, 1980, pages 9-10; January 17-18, 1980, page 11; Fed.R.Civ.P. 81.

CROSS REFERENCE: N.D.R.Civ.P. 86 (Effective Date Statutes Superseded).

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