RULE 1. SCOPE OF RULES
These rules govern the procedure in the district courts in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.
EXPLANATORY NOTE
Rule 1 is an adaptation of Rule 1, FRCivP, 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. These rules have been made applicable by statute to probate and guardianship matters [ 30.1 02 04, N.D.C.C.].
As will become readily apparent from a reading of these rules, they are the Federal Rules of Civil Procedure adapted, insofar as practicable, 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, as the North Dakota Supreme Court has said in several cases. See, for example, Unemployment Compensation Division v. Bjornsrud, 261 N.W.2d 396, 398 (N.D. 1977):
"* * * when we adopted the Federal Rules of Civil Procedure we did so with knowledge of the interpretations placed upon them by the Federal courts, and although we are not compelled to follow these interpretations, they are highly persuasive and, in the interest of uniform interpretation, we should be guided by them."
SOURCES: Joint Procedure Committee Minutes of September 29-30, 1994, page 23; April 26, 1984, page 29; September 20 21, 1979, pages 2 3; Rule 1, FRCivP.
STATUTES AFFECTED:
SUPERSEDED: 28 0742, NDRC 1943.
CROSS REFERENCE: Rule 81 (Applicability In General), N.D.R.Civ.P.; Rule 102 (Purpose and Construction) N.D.R.Ev.