National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

North Dakota Mass Tort Survey

    

 

   

Mass Tort
North Dakota
Survey Results



Tracking and/or reporting of mass tort cases

Cases are tracked by category, but mass tort is not one of the categories. 

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Definition of "mass tort"

None known.

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Procedural rules

N.D.R.Civ.P. 16(d)(12) lists "the need for adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems" as a subject to be discussed at the pretrial conference.


N.D.R.Civ.P. 23
on class actions is the only rule that comes close to specifically applying to mass torts. It is not based on the federal rule, but the Uniform Rule on Class Actions.

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Statutes

None known.

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Case law

See Choice Financial Group v. Schellpfeffer, 2005 ND 90, regarding interlocutory appeals.

In re Blackwater Security Consulting LLC, No. 05-1949, Aug. 24, 2006. Federal court lacked jurisdiction to review district court order remanding case from federal court back to state court because "once a district court determines that it lacks subject matter jurisdiction over a removed case, § 1447(c) directs that the case 'shall be remanded.'"

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Administrative orders

None known.

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Interlocutory appeal

There is minimal support for interlocutory appeals; while N.D.R.Civ.P. 54(b) arguably supports interlocutory appeals in cases w/multiple parties, the supreme court has interpreted this rule very narrowly. See Choice Financial Group v. Schellpfeffer, 2005 ND 90.


Interlocutory appeals of class certifications are possible under
N.D.R.Civ.P. 23. A party can petition the supreme ct to supervise an errant trial court under N.D.R.App.P. 21.

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Infrastructure: special dockets

None known.

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Infrastructure: task forces, commissions, or other policy-level bodies

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Case management

Cases are tracked and monitored by the State Court Administrator.  DCM system is proposed but is not yet a reality.

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Technology

The case management system for the district courts in North Dakota resides on an IBM iSeries (AS400). There is a single database for all district courts & 10 municipal courts. The system is written in RPG and uses IBM's DB2-400 database.


The case management system provides full management functionality for the district courts, including a register of actions, scheduling, papers filed register, docket currency reporting, statistical reporting, notice/document generation, and links to other governmental systems.

Case Flow Management Committee


Court Technology Committee


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Last Modified: 8/29/2006 9:11:57 AM

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