TITLE ONE — SCOPE OF RULES
Rule 1. Title; Scope; Purpose and Construction
Title. These rules may be known and cited as the Ridgeway Rules of Civil Procedure, and are cited as “Rid. R. Civ. P.”
Scope. These rules govern the procedure in all suits of a civil nature, whether cognizable as cases at law or in equity:
in the Superior Court of the State of Ridgeway, which holds original jurisdiction over all civil claims under 3 R. Stat. § 131.004;
before a single justice of the Supreme Court, and in any matter in the Supreme Court to the extent the Ridgeway Rules of the Supreme Court do not otherwise provide;
in the Magistrate Court, in any civil proceeding or pre-trial proceeding assigned or referred to a magistrate judge under 3 R. Stat. § 131.203; and
Administrative Court. Administrative procedures are governed by these rules, except where the Supreme Court has promulgated rules pertaining to administrative procedure and except where Title III, Subtitle IV of the Ridgeway Statutes otherwise indicates, as provided by 3 R. Stat. § 141.104. In an administrative procedure:
the Ridgeway Rules of Evidence apply as provided by 3 R. Stat. § 141.103, subject to 3 R. Stat. §§ 141.105 through 141.107;
an administrative hearing shall be conducted in the manner prescribed by 3 R. Stat. § 141.102(d), and no provision of these rules shall be construed to enlarge, contract, or reorder that manner;
the seventy-two (72) hour period prescribed by 3 R. Stat. § 141.108 governs notwithstanding any longer period allowed by these rules; and
no provision of these rules shall be construed to authorize an award of damages, which 3 R. Stat. § 141.010 forbids, or an order of termination, separation, discharge, or removal of a civil service employee except as 3 R. Stat. § 141.012 permits. Rule 57 governs proceedings in the Administrative Court, and where Rule 57 and any other rule conflict as to such a proceeding, Rule 57 governs.
Proceedings Not Governed. These rules do not govern:
criminal proceedings, which are governed by the Ridgeway Rules of Criminal Procedure;
proceedings before the Supreme Court in banc, and appellate proceedings, which are governed by the Ridgeway Rules of the Supreme Court;
applications for search warrants, arrest warrants, and bench warrants, and returns thereon, which are governed by Rid. R. Crim. P. 44 and 44.1; or
petitions to seal or expunge, which are governed by Rid. R. Crim. P. 36 through 38. Where a proceeding named in this subdivision requires a procedure for which its own corpus makes no provision, these rules supply that procedure so far as they are applicable and not inconsistent.
Purpose. These rules shall be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding, to the end that the courts remain open for the trial of all causes proper for their cognizance and that justice be administered without corruption or unnecessary delay, as Const. art. V, § 1 requires, and that every person obtain right and justice promptly, completely, and without denial, as Const. art. I, § 1 requires.
Construction.
“Shall” and “must” impose a duty. “May” confers discretion. “May not” and “shall not” impose a prohibition.
The singular includes the plural and the plural the singular. Words importing one gender include every other gender. Words importing persons include entities capable of suing and being sued.
Titles, rule headings, and subdivision headings are for convenience of reference and are not part of these rules.
These rules shall not be construed to abridge, enlarge, or modify any substantive right, as 3 R. Stat. § 121.106(b) provides.
A rule shall be construed, wherever its language fairly permits, to conform to the Constitution of the State of Ridgeway and to the statutes of this State. Where a rule cannot be so construed, the Constitution and the statute govern, and the rule is of no effect to the extent of the conflict.
Where these rules require an act to be done through the electronic filing system, they require no more of a person than the electronic filing system affords that person the means to do. No party shall be defaulted, sanctioned, or held in violation of these rules for failing to accomplish through the electronic filing system an act which that system does not permit that person to accomplish; the party shall instead apply to the court by motion for the relief sought.
Local Rules and Standing Orders. A lower court and its judges may prescribe local rules of practice under 3 R. Stat. § 121.106(c). A local rule or standing order is binding only within the court where it is prescribed, shall not abridge, enlarge, or modify any substantive right, and shall not conflict with these rules. Rule 60 governs standing orders and local practice.
Effective Date; Amendment. These rules take effect and are amended as Rule 61 provides. They govern all proceedings commenced after they take effect and all further proceedings in actions then pending, except to the extent that the court determines their application in a particular pending action would be infeasible or work an injustice, in which event the former procedure applies to that action.