Obsolete Date: 3/1/2011
(a) Effective Date and Application in Pending Proceedings. These rules will take effect on July 1, 1957. They govern all proceedings and actions brought after they take effect, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event the procedure existing at the time the action was brought applies.
(b) Statutes Superseded. Upon the taking effect of these rules all statutes and parts of statutes in conflict herewith and the statutes listed in Table B are suspended in respect of practice and procedure in the district courts.
Rule 86 was amended, effective March 1, 2011.
The North Dakota Rules of Civil Procedure originally took effect on July 1, 1957.
Subdivision (a) is derived from Fed.R.Civ.P. 86(a). Amendments to the rules are effective as prescribed by Section 12, Rule on Procedural Rules, Administrative Rules and Administrative Orders of the North Dakota Supreme Court (N.D.R.Proc.R.), and Section 27 02 14, N.D.C.C. The effective date of amendments to Fed.R.Civ.P. is governed by 18 U.S.C. Section 2072, with exceptions made by Congress.
Article VI, Section 3 [formerly Section 87] of the North Dakota Constitution, and Section 27-02-09, N.D.C.C., authorize the Supreme Court to promulgate rules of procedure and supersede procedural statutes. The superseding is accomplished by subdivision (b).
Rule 86 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.
CROSS REFERENCE: N.D.R.Proc.R. § 12 (Effective Date).