conflict with a legislatively-enacted rule (North Dakota) · Go Syfert
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conflict with a legislatively-enacted rule in North Dakota

6 North Dakota opinions name it 1 courts 1991–2022 1 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
City of Fargo v. Ruethergreen
nd · 1992 · cited in 1 North Dakota opinions naming this issue, 2010–2010
1 sentence

2010Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this [C]ourt ..., Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.’ ” Ruether , at 483 (quoting City of Fargo v. Dawson, 466 N.W.2d 584 , 586 n. 1 (N.D.1991)) (citations omitted).

11
Gegelman Ex Rel. Gegelman v. Reiersgaardgreen
nd · 1979 · cited in 1 North Dakota opinions naming this issue, 1991–1991
1 sentence

1991Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this court [State v. Vetsch, 368 N.W.2d 547, 552 (N.D.1985); Geg elman v. Reiersgaard, 273 N.W.2d 703, 706 (N.D.1979) ], Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.

11
State v. Vetschgreen
nd · 1985 · cited in 1 North Dakota opinions naming this issue, 1991–1991
1 sentence

1991Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this court [State v. Vetsch, 368 N.W.2d 547, 552 (N.D.1985); Geg elman v. Reiersgaard, 273 N.W.2d 703, 706 (N.D.1979) ], Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
City of Fargo v. Dawson green
nd · 1991
2 sentences

2018Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this [C]ourt[.] Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.' " Ruether , at 483 , (quoting City of Fargo v. Dawson , 466 N.W.2d 584 , 586 n. 1 (N.D. 1991) ) (citations omitted).

2010Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this [C]ourt ..., Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.’ ” Ruether , at 483 (quoting City of Fargo v. Dawson, 466 N.W.2d 584 , 586 n. 1 (N.D.1991)) (citations omitted).

41992–2018
State v. Ebertz green
nd · 2010
1 sentence

2022“Although statutorily-enacted rules of procedure which supplement the rules we have promulgated may remain in effect until superseded or amended by this Court, Article VI, Section 3, mandates that a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure.” Id. (cleaned up). [¶17] Section 14-09-06.6(4), N.D.C.C., establishes the procedure for a party seeking modification of primary residential responsibility, which provides as follows: A party seeking modification of an order concerning primary residential responsibility shall serve and file movin

12022–2022
Farmers Union Oil Co. v. Harp green
nd · 1990
1 sentence

1992Farmers Union Oil Co. v. Harp, 462 N.W.2d 152 (N.D.1990); First Nat'l Bank & Trust Co. v. Scherr, 456 N.W.2d 531 (N.D.1990); Thomas v. Thomas, 382 N.W.2d 639 (N.D.1986). [3] Because § 32-11-02, N.D.C.C., and Rule 22(a), N.D.R.Civ.P., both require multiple adverse claimants, this is not a case in which "a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure." City of Fargo v. Dawson, 466 N.W.2d 584 , 586 n. 4 (N.D.1991). [1] Jack Green challenges the trial court's finding that Heigaard authorized improvements.

11992–1992
First National Bank & Trust Co. of Williston v. Scherr green
nd · 1990
1 sentence

1992Farmers Union Oil Co. v. Harp, 462 N.W.2d 152 (N.D.1990); First Nat'l Bank & Trust Co. v. Scherr, 456 N.W.2d 531 (N.D.1990); Thomas v. Thomas, 382 N.W.2d 639 (N.D.1986). [3] Because § 32-11-02, N.D.C.C., and Rule 22(a), N.D.R.Civ.P., both require multiple adverse claimants, this is not a case in which "a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure." City of Fargo v. Dawson, 466 N.W.2d 584 , 586 n. 4 (N.D.1991). [1] Jack Green challenges the trial court's finding that Heigaard authorized improvements.

11992–1992
Thomas v. Thomas green
nd · 1986
1 sentence

1992Farmers Union Oil Co. v. Harp, 462 N.W.2d 152 (N.D.1990); First Nat'l Bank & Trust Co. v. Scherr, 456 N.W.2d 531 (N.D.1990); Thomas v. Thomas, 382 N.W.2d 639 (N.D.1986). [3] Because § 32-11-02, N.D.C.C., and Rule 22(a), N.D.R.Civ.P., both require multiple adverse claimants, this is not a case in which "a court-promulgated procedural rule prevails in a conflict with a legislatively-enacted rule of procedure." City of Fargo v. Dawson, 466 N.W.2d 584 , 586 n. 4 (N.D.1991). [1] Jack Green challenges the trial court's finding that Heigaard authorized improvements.

11992–1992

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