SECTION 1. STATEMENT OF POLICY

It is the policy of the Supreme Court of North Dakota to provide effective procedure for the promulgation of Local Court Rules, for the continuing study and review of Local Court Rules, to provide notice and opportunity to express views regarding Local Court Rules, and to provide a mechanism for the amendment and repeal of Local Court Rules.

The Supreme Court will exercise its authority, from time to time, to delegate the authority to adopt, amend, or repeal Local Court Procedural Rules and Administrative Rules which are consistent with the rules and orders of the Supreme Court, and to prescribe methods and procedures required in connection therewith.

COMMENT

The Rules Sub-Committee recognizes that at present the authority of local courts to promulgate procedural rules and administrative rules arises from the inherent powers of courts, and the delegated authority pursuant to Rule 83, NDRCivP, Rule 57, NDRCrimP, Administrative Order No. 1, and various statutes including: Section 12-44-04, NDCC, relating to County Jail Rules.

The Rules Sub-Committee deplores and disapproves the necessity for local procedural rules promulgated pursuant to Rule 83, NDRCivP and Rule 57, NDRCrimP. Recognition of the need for a comprehensive local rule-making process as proposed here, does not imply in any way approval of the necessity for any particular local procedural rule nor does it imply encouragement of this practice when it contributes to fragmentation of applicable procedural rules. The goal of this proposed rule is one of maximum uniformity of procedural rules among all courts. The Rules Sub-Committee strongly discourages local judicial districts from promulgating local procedural rules which promote procedural rule diversity. It strongly encourages the Supreme Court to take necessary steps to assure that promulgation of uniform procedural rules of statewide application be encouraged and expedited wherever possible.