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.
[Amended effective March 1, 1990; March 1, 2011.]
Rule 71 was amended, effective March 1, 1990; March 1, 2011.
Rule 71 is 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.
Rules 72, 73, 74, and 75and 76, Fed.R.Civ.P., concerning appeals, were abrogated, effective July 1, 1968. These rules were never adopted for use in North Dakota. See the North Dakota Rules of Appellate Procedure for procedure to be followed in this State.
Rules 72, 73, 74, and 75and 76, Fed.R.Civ.P., concerning appeals, were abrogated, effective July 1, 1968. These rules were never adopted for use in North Dakota. See the North Dakota Rules of Appellate Procedure for procedure to be followed in this State.
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. garcia griego, paz 4/16/2026 For Educational Use Only Rules 72 TO 76. [Reserved for Future Use], ND R RCP R. 72 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) IX. Appeals R. 72, N.D.R.Civ.P. Rules 72 TO 76. [Reserved for Future Use] Currentness
Joint Procedure Committee Minutes of January 17-18, 1980, page 8. Rules Civ. Proc., R. 72, ND R RCP R. 72 garcia griego, paz 4/16/2026 For Educational Use Only Rules 72 TO 76. [Reserved for Future Use], ND R RCP R. 76 © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 West’s North Dakota Century Code Annotated North Dakota State Court Rules Rules of Civil Procedure (N.D.R.CIV.P.) IX. Appeals R. 76, N.D.R.Civ.P. Rules 72 TO 76. [Reserved for Future Use] Currentness
Joint Procedure Committee Minutes of January 17-18, 1980, page 8. Rules Civ. Proc., R. 76, ND R RCP R. 76