TITLE NINE — GENERAL PROVISIONS
Rule 54. Applicability of Rules
Applicability in General.
Proceedings. These rules apply to all civil proceedings in courts whose proceedings they govern except:
proceedings pertaining to the writ of habeas corpus, which are governed by Rule 56 and 7 R. Stat. §§ 133.001 through 133.005;
proceedings pertaining to the disciplining of an attorney, which are governed by the Supreme Court in the exercise of the authority conferred by Const. art. V, § 3 and 3 R. Stat. § 151.001;
proceedings pertaining to contested elections;
proceedings pertaining to dissolution of corporations and distribution of their assets; and
proceedings pertaining to summary process, small claims, and supplementary process.
Proceedings Not Applicable. The practice in civil proceedings to which these rules do not apply shall follow the course of the common law, as near to these rules as may be, except that depositions shall not be taken, nor interrogatories served, save by order of the court on motion, with notice, for good cause shown.
Related Corpora.
Criminal Matters. Criminal proceedings, petitions to seal or expunge, and warrant proceedings are governed by the Ridgeway Rules of Criminal Procedure.
The Supreme Court. Proceedings before the Supreme Court are governed by the Ridgeway Rules of the Supreme Court. These rules govern the procedure before a single justice of the Supreme Court sitting in a civil matter.
Evidence. The Ridgeway Rules of Evidence apply in every proceeding governed by these rules except as those rules or a statute provide otherwise.
Terminology in Statutes. In applying these rules to any proceeding to which they apply, the terminology of any statute which also applies shall, if inconsistent with these rules, be taken to mean the analogous device or procedure proper under these rules.
Procedure Not Specifically Prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitution of the State of Ridgeway, these rules, or any applicable statute.
Construction of References.
A reference in these rules, in any other rule of court, or in any order to the “Ridgeway Rules of Appellate Procedure” is a reference to the Ridgeway Rules of the Supreme Court.
A reference to the “court’s electronic case management system,” the “electronic case management system,” or the “portal” is a reference to the electronic filing system as Rule 1.1 defines it.
A reference to a party’s name is a reference to that party’s username, except where a statute requires otherwise.
Words importing the masculine gender include every gender; the singular includes the plural and the plural the singular.
Relationship to Statute and Constitution.
These rules shall be construed, wherever possible, to conform to the Constitution and the statutes of the State of Ridgeway.
No rule shall abridge, enlarge, or modify any substantive right, as provided by 3 R. Stat. § 121.106(b).
Where a rule prescribing practice or procedure conflicts with a law prescribing practice or procedure, the rule governs, as provided by 3 R. Stat. § 121.106(b). No rule shall be given effect contrary to the Constitution, or contrary to a statute conferring or limiting a substantive right or the jurisdiction of a court.
Effect of the Capabilities of the Electronic Filing System. Where these rules prescribe an act to be performed by the electronic filing system, and the system does not perform it, the act shall be performed by the Clerk, and the Clerk shall note its performance upon the docket. No party shall suffer the loss of a right by reason of the failure of the system to perform an act these rules assign to it, and the court may enlarge any period under Rule 6(2) on that ground.