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N.D.R.Civ.P. 71

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

Rule 71 Process in Behalf of and Against Persons Not Parties

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Rule Text

If an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

Amendment history: (Adopted Jan. 1, 1990; amended Mar. 1, 2011.)

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

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

If a court order affects someone who isn't officially part of the lawsuit, that person still has rights and responsibilities tied to the order. This means a nonparty can enforce an order if it gives them some benefit, even though they weren't a plaintiff or defendant in the case. The same goes the other way around: if the order is meant to control what a nonparty does, that person can be held to it just like someone who was actually part of the lawsuit.

In simple terms, this rule closes a loophole. It stops people from avoiding a court order just because their name wasn't listed on the case. It also lets people who benefit from an order use the normal court process to make sure it's followed, even if they never sued anyone or got sued themselves.

Committee Notes

Rule 71 was amended, effective March 1, 1990; March 1, 2011.

Rule 71 derived from Fed.R.Civ.P. 71, and is "* * * intended to assure that process be made available to enforce court orders in favor of and against persons who are properly affected by them, even if they are not parties to the action." Lasky v. Quinlan, 558 F.2d 1133, 1137 (2d Cir. 1977).

As an example, the North Dakota Supreme Court held, in United Accounts, Inc. v. Larson, 121 N.W.2d 628 (N.D. 1963), that a judgment of foreclosure of a lien was enforceable against the original party's assignee who was not made a party to the action. This rule may also be used in conjunction with class actions governed by Rule 23.

Rule 71 was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended.

Rule 71 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 22; April 20, 1989, page 2; December 3, 1987, page 11; January 17-18, 1980, page 8; Fed.R.Civ.P. 71.

← Previous Rule 70: Enforcing a Judgment for a Specific Act Next → Rule 72: [Reserved for Future Use]