Group XI: General Provisions · Last amended March 1, 2011 · Last verified July 15, 2026
Rule 86 was amended, effective March 1, 2011. The North Dakota Rules of Civil Procedure originally took effect on July 1, 1957. Subdivision (a) is derived from Fed.R.Civ.P. 86(a). Amendments to the rules are effective as prescribed by Section 12, Rule on Procedural Rules, Administrative Rules and Administrative Orders of the North Dakota Supreme Court (N.D.R.Proc.R.), and Section 27 02 14, N.D.C.C. The effective date of amendments to Fed.R.Civ.P. is governed by 18 U.S.C. Section 2072, with exceptions made by Congress. Article VI, Section 3 [formerly Section 87] of the North Dakota Constitution, and Section 27-02-09, N.D.C.C., authorize the Supreme Court to promulgate rules of procedure and supersede procedural statutes. The superseding is accomplished by subdivision (b).
Rule 86 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 86(a) ties the rules' effective date to whatever date the Supreme Court orders — the rules themselves originally took effect on July 1, 1957. Once effective, an amendment governs proceedings in an action commenced after that date, and it also reaches further proceedings in actions already pending on that date. The default runs backward into pending cases, not just forward into new filings.
That reach has two exceptions. The rules do not apply to further proceedings in a pending action if the Supreme Court orders otherwise, or if the district court determines that applying them in that particular action would be infeasible or would work an injustice. That gives a court a safety valve so a mid-case rule change does not blindside a party partway through litigation.
Rule 86(b) handles the flip side: superseding statutes. On the effective date of the rules or an amendment, any conflicting statute or rule — or the conflicting portion of one — is superseded. The explanatory note traces this power to Article VI, Section 3 of the North Dakota Constitution and section 27-02-09 of the North Dakota Century Code, which authorize the Supreme Court to make procedural rules that override conflicting procedural statutes. When a rule supersedes a specific statute, that fact is listed in the rule's own explanatory note and in Table B, so a researcher can check whether a given statute survived.
July 1, 1957, according to Rule 86's explanatory note. Later amendments each take effect on whatever date the Supreme Court orders.
Both, as a default. Rule 86(a) applies an amendment to actions commenced after its effective date and also to further proceedings in actions already pending on that date, unless the Supreme Court orders otherwise or the district court finds applying it would be infeasible or unjust in that action.
Yes. Rule 86(a)(2)(B) lets the district court exempt a pending action from a new amendment if applying it there would be infeasible or would work an injustice.
Rule 86(b) supersedes it, along with any conflicting rule, as of the effective date of the rules or the amendment in question. If a specific rule supersedes a specific statute, that is listed in the rule's own explanatory note and in Table B.
According to the explanatory note, Article VI, Section 3 of the North Dakota Constitution and section 27-02-09 of the North Dakota Century Code authorize the Supreme Court to promulgate rules of procedure and to supersede conflicting procedural statutes.