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N.D.R.Civ.P. 1

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 1 Scope of Rules

Rule Text

These rules govern the procedure in all civil actions and proceedings in district court, except as stated in Rule 81. They should be construed, administered and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.

Amendment history: (Adopted Mar. 1, 1996; amended Mar. 1, 2011, Mar. 1, 2017.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

These rules lay out how civil court cases work in North Dakota district courts. If you're suing someone or being sued in a non-criminal case, these are the rules that control how the case moves forward, from start to finish.

There's one exception. Rule 81 lists certain types of cases that follow different procedures. Outside of those exceptions, these rules apply across the board.

The main goal behind these rules is to make sure cases are handled fairly, quickly, and without unnecessary expense. Courts and everyone involved in a lawsuit are supposed to follow the rules in a way that supports this goal, rather than using them to cause delays or run up costs.

Committee Notes

Rule 1 was amended, effective March 1, 1996; March 1, 2011; March 1, 2017.

Rule 1 is an adaptation of Fed.R.Civ.P. 1 with changes made only to conform to the court system of North Dakota.

Rule 1 was amended, effective March 1, 1996, to track the 1993 federal amendment.

Rule 1 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.

Rule 1 was amended, effective March 1, 2017, in response to the December 1, 2015, revision of the Federal Rules of Civil Procedure.

These rules are the Federal Rules of Civil Procedure adapted to state practice. These explanatory notes attempt to point out the deviations from the federal rules. Where there is no significant deviation, annotations to the federal rules may be useful.

SOURCES: Joint Procedure Committee Minutes of January 28-29, 2016, pages 11-12; January 24, 2008, page 14; September 29-30, 1994, page 23; April 26, 1984, page 29; September 20 21, 1979, pages 2 3; Fed.R.Civ.P. 1.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 30.1-02-04.

CROSS REFERENCE: N.D.R.Civ.P. 81 (Applicability In General); N.D.R.Ev. 102 (Purpose and Construction).

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