RULE 83. PRACTICE WHEN PROCEDURE IS NOT SPECIFIED

Effective Date: 3/1/2011

(a) Local Rules. Under the North Dakota Local Court Rules (N.D.R. Local Ct. P.R.), each judicial district may from adopt and amend rules governing practice in all of the courts in that judicial district not inconsistent with these rules or other rules adopted by the Supreme Court. On adoption of any local rule it must be referred to the Clerk of the Supreme Court for referral to the appropriate standing committee under Section 8, Rule on Procedural Rules, Administrative Rules and Administrative Orders of the North Dakota Supreme Court (N.D.R.Proc.R.), for study and recommendations to the Supreme Court for continuance, rejection, or adoption as a statewide rule.

(b) Regulation by District Court. In all cases not provided for by rule or statute the district court may regulate its practice in any proceeding properly before it in any manner not inconsistent with rules adopted by the court under N.D.R. Local Ct. P.R. or by the Supreme Court or with any applicable statute.

Rule 83 was amended, effective March 1, 2011.

Rule 83 permits local rules within each judicial district only if they are adopted under North Dakota Local Court Rules (N.D.R. Local Ct. P.R.).

All local rules must be consistent with rules adopted by the Supreme Court.

Local rules may be adopted without prior Supreme Court approval. However, any adopted local rule must be referred to the Clerk of the Supreme Court (N.D.R. Local Ct. P.R. 7.2) for referral to the appropriate Supreme Court advisory committee in Section 8, N.D.R.Proc.R. Supreme Court advisory committees will study the referred rule and make appropriate recommendations to the Supreme Court. The Supreme Court may adopt the local rule as a statewide rule, or may permit the district to continue the rule as a local rule, or may prohibit the district from continuing to use the local rule.

Rule 83 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 23-24; Fed.R.Civ.P. 83; North Dakota Local Court Rules (N.D.R. Local Ct. P.R.).

CROSS REFERENCE: N.D.R.Crim.P. 57 (Practice When Procedure Not Specified); Fed.R.Civ.P. 83; N.D.R.Ct.

Effective Date Obsolete Date
03/01/2011 View
01/28/2010 03/01/2011 View