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Rules of Civil Procedure

TITLE NINE — GENERAL PROVISIONS

  • 54Applicability of Rules
  • 55Jurisdiction and Venue Unaffected
  • 55.1Venue
  • 56Extraordinary Writs: Habeas Corpus; Mandamus; Quo Warranto
  • 57Administrative Court Proceedings
  • 58Records Kept by the Clerk; The Docket
  • 59Clerk’s Authority; Notice of Orders
  • 60Judge’s Standing Orders; Local Practice
  • 61Effective Date; Amendment of These Rules

TITLE NINE — GENERAL PROVISIONS

Rule 61. Effective Date; Amendment of These Rules

Cite asRid. R. Civ. P. 61Official text at page 85

In this rule

  • 1.Authority
  • 2.Manner of Prescription
  • 3.Limits on Rulemaking
  • 4.Effective Date; Application to Pending Actions
  • 5.Amendment
  • 6.Revision by the Senate
  • 7.Numbering
  • 8.Severability
  • 9.Citation
  • 10.Repealer
1.§

Authority. The Supreme Court shall make and promulgate rules governing the administration of all courts, and shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts, as provided by Const. art. V, § 9. The Supreme Court, through the Judicial Conference, shall have the power to prescribe the general rules of practice and procedure and rules of evidence for cases in all courts of law in the State of Ridgeway, as provided by 3 R. Stat. § 121.106.

2.§

Manner of Prescription. The Judicial Conference shall prescribe such rules through a simple majority vote of the members of the Conference, as provided by 3 R. Stat. § 121.106(a). The Conference is summoned by the Chief Justice and consists of the Justices of the Supreme Court, the Chief Superior Court Judge, and a Superior Court Judge, as provided by 3 R. Stat. § 121.401.

3.§

Limits on Rulemaking. These rules shall not abridge, enlarge, or modify any substantive right, as provided by 3 R. Stat. § 121.106(b). No rule shall be given effect contrary to the Constitution of the State of Ridgeway.

4.§

Effective Date; Application to Pending Actions.

1.§

These rules take effect at the date and hour stated in the order of promulgation, expressed in Coordinated Universal Time.

2.§

They govern every proceeding commenced after they take effect, and every proceeding then pending, except that where the court finds that their application in a particular pending proceeding would be infeasible or would work injustice, the rule in effect when the proceeding was commenced governs that matter.

3.§

An act done before these rules took effect, in conformity with the rule then in force, is not invalidated by these rules.

5.§

Amendment.

1.§

Who May Petition. Any justice, judge, member of the Ridgeway State Bar, the Attorney General, the Solicitor General, the State Public Defender, a Clerk of court, or any person may petition the Judicial Conference for the amendment, addition, or repeal of a rule. The petition shall state the rule affected, the text proposed, and the reason for the change.

2.§

Referral. Where the Conference has established a standing committee, all petitions for review shall be reviewed by that committee, as provided by 3 R. Stat. § 121.402. The Conference and its standing committees may hold hearings, take sworn testimony, issue subpoenas and subpoenas duces tecum, and make necessary and appropriate orders in the exercise of that authority.

3.§

Adoption. An amendment is adopted by a simple majority vote of the members of the Conference and takes effect as subdivision (4) provides.

4.§

Emergency Amendment. Where an amendment is necessary to conform these rules to a statute or to a decision of the Supreme Court, or to correct an error that defeats the operation of a rule, the Conference may adopt it without referral to a standing committee, stating the necessity in the order of adoption.

6.§

Revision by the Senate. Any rule adopted by the Supreme Court may be revised by the Senate, as provided by Const. art. V, § 9. A rule so revised takes effect as revised at the date and hour the Senate’s act prescribes, or, where none is prescribed, upon its passage. The Clerk of the Supreme Court shall record every revision, and the Supreme Court shall publish the corpus as revised.

7.§

Numbering. The integer numbering of these rules shall be preserved. A new subject is added at a number reserved for it or at a decimal sub-rule of the integer rule to which it belongs. No rule shall be renumbered, and no integer number shall be reassigned to a different subject.

8.§

Severability. If any rule, subdivision, or clause of these rules is held invalid, the remainder is unaffected and shall be given effect.

9.§

Citation. These rules are cited as Rid. R. Civ. P., and a subdivision is cited by rule number, subdivision, and paragraph, as Rid. R. Civ. P. 50(4)(c)(i).

10.§

Repealer. All prior Ridgeway Rules of Civil Procedure are superseded as of the hour these rules take effect.

Previous60. Judge’s Standing Orders; Local Practice

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